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PRACTICAL     POLICE     WORK 

/ 

What  To  Do  and  How  To  Do  It 


BY 
Lieutenant  JAMES  J.  SKEHAN 

Police  Department,  City  of  New  Yoi  k 

and 
JAMES  P.  CONWAY,  Attorney-at-Law 

Former  Assistant  Chief  Examiner 
Municipal  Civil  Service  Commission 


1919 
JAMES  P.  CONWAY 

PUBLISHER 

20  East  42nd  Street 

New  York 


Copyright,  1919 

By 
James  J.  Skehan 

and 
James  P.  Conway 


INTRODUCTION 

The  aim  of  this  volume  is  four-fold — to  collect  within  the 
covers  of  a  single  book  the  vast  and  varied  amount  of  miscella- 
neous matter,  having  any  degree  of  permanency,  which  consti- 
tute the  sum  total  of  essential  police  knowledge;  to  instruct 
policeman  on  how  to  use  and  apply  their  acquired  knowledge; 
to  present  facts  simply  and  clearly  and  give  the  law  without  the 
use  of  legal  language  which  clouds  the  meaning. 

The  authors  have  had  large  experience  in  teaching  and  ex- 
amining policemen  and  are  familiar  with  their  defects  and  per- 
fections. One  of  these  defects  is  a  disposition  to  look  for  minor 
errors  and  to  draw  fine  technical  distinctions. 

Of  far  more  importance  is  the  assembling  and  classification 
of  information,  the  memorizing  of  facts  and  the  drawing  of 
correct  conclusions.  In  these  matters  the  book  will  be  of  more 
help  to  policemen  than  any  other  work  available;  that  it  contains 
more  useful  police  knowledge  than  is  otherwise  obtainable  handily, 
we  expect  the  reader  to  discover  for  himself.  It  is  issued  solely 
on  account  of  the  information  it  contains. 

JAMES  J.  SKEHAN, 
JAMES  P.  CONWAY. 


5718-i  • 


CONTENTS 


FOREWORD— EXAMINATION 


CHAPTER  I      . 
HOW  TO  LEARN 13 

CHAPTER  II 
GENERAL  PRINCIPLES  OF  THE  LAWS     ....     19 

CHAPTER  III 
PROCEDURE,  ETC 39 

CHAPTER  IV 
COURTS— JURISDICTION         .     ...     56 

CHAPTER  V 
EVIDENCE,  PROCESSES,  ETC 65 

CHAPTER  VI 
EXTRADITION        .     .     77 

CHAPTER  VII 
.  HOMICIDE,  ARSON,  ASSAULT,  ETC 81 

CHAPTER  VIII 
CRIMES— RIOTS  TO  ROBBERY 106 

CHAPTER  IX 
BRIBERY,  ETC 135 

CHAPTER  X 
SOCIAL  CRIMES 148 

CHAPTER  XI 
MISCELLANEOUS  OFFENCES 171 

CHAPTER  XII 
ORDINANCES 214 

CHAPTER  XIII 
QUESTIONS  ON  ORDINANCES 222: 

CHAPTER  XIV 
RULES 234 

CHAPTER  XV 
REPORTS 252 

INDEX  ,  275 


FOREWORD 

• 

EXAMINATIONS 

The  art  of  passing  a  good  examination  in  writing  has  to  be 
acquired  by  practice.  Persons  who  fail  to  do  as  well  as  their 
fellows  frequently  complain  that  they  knew  more  but  could  not 
convey  the  knowledge.  This  happens  sometimes  but  the  best 
informed  man  as  a  general  rule  makes  the  best  showing  provided 
he  has  acquired  the  habit  of  analyzing  things  and  the  art  of 
expressing  himself  in  writing. 

Analyzing  the  meaning  of  questions  is  sometimes  difficult 
especially  when  the  questions  are  ambiguous,  tautological  or 
vague  and  they  are  sometimes  all  three.  To  men  with  only  a 
common  school  education  the  unusual  words  often  employed  by 
college  men  in  putting  questions  are  not  understandable.  This 
introduces  a  puzzling  element  hard  to  overcome. 

Analyzing  a  question  calls  for  the  exercise  of  thought  in 
getting  at  its  meaning  and  in  seeing  all  its  sides  and  angles. 
It  is  hopeless  to  expect  to  make  a  good  answer  without  first  get- 
ting at  the  exact  meaning  of  the  question. 

When  there  is  no  doubt  as  to  the  question's  meaning  a  direct 
answer  should  be  given  and  one  that  is  as  exact  as  possible. 
Giving  the  question  other  and  unwarranted  meanings  indicates  a 
lack  of  intelligence  in  the  person  answering,  and  as  intelligence 
is  one  of  the  qualities  being  tested  in  a  candidate;  lack  of  it  under 
the  circumstances  will  call  for  a  low  rating.  Should  there  be 
some  doubt  as  to  the  meaning  of  a  question  it  is  a  good  plan 
to  begin  the  answer  by  setting  forth  the  meaning  as  the  candidate 
understands  it.  This  will  entail  loss  of  time  but  not  as  much 
as  if  the  question  is  to  be  answered  in  the  alternative.  Answering 
in  the  alternative  has  to  be  resorted  to  sometimes  when  the  ques- 
tion is  too  general  and  incomplete  and  when  several  sets 
of  conditions  might  be  set  forth  in  the  answer.  Under  these  cir- 
cumstances the  candidate  is  justified  in  saying  "If  such  and  such 
were  the  case,  so  and  so  should  be  done  but  if  so  and  so  were 
the  case  such  and  such  should  be  done." 

Generally  speaking,  however,  there  is  too  great  a  disposition 
to  use  "ifs"  in  examinations.  They  are  used  when  the  mean- 


S  PRACTICAL  POLICE  WORK 

ing  of  the  question  is  perfectly  clear  and  they  are  made  use  of 
when  the  candidate  should  have  seen  that  there  was  no  excuse 
for  them.  They  betray  lack  of  self-confidence  when  they  do  not 
betray  lack  of  intelligence  and  the  unrestrained  practice  of  an- 
swering in  that  fashion  means  loss  of  time  in  the  examination 
room  which  could  generally  be  used  with  advantage  in  giving 
pertinent  and  material  facts. 

To  pass  a  good  examination  then,  three  things  are  neces- 
sary :  Ability  to  understand  and  analyze  the  question,  knowledge 
of  the  facts  to  go  into  the  answer  and  the  art  of  giving  expression 
to  such  knowledge  in  writing.  Training  and  reasoning  are  neces- 
sary to  beget  proper  thinking,  memory  must  be  called  into  action 
for  calling  up  information  stored  in  the  brain  and  continuous 
practice  is  needed  in  all  three  departments. 

Let  it  be  understood  then  that  thinking,  memory  and  prac- 
tice are  the  three  most  important  essentials  to  the  passing  of  a 
good  examination.  They  are  all  that  is  necessary  but  they  are 
vitally  necessary.  Let  no  man  deceive  himself  into  believing 
that  he  can  succeed  without  the  use  of  all  three. 

Thinking  and  Memorizing 

Concentrated  thinking  is  difficult.  Let  him  who  does  not 
believe  so  try  the  effort  of  following  everything  another  man 
^ays  for  two  minutes  without  allowing  some  other  thought  to 
«nter  his  mind.  While  that  seems  easy,  yet  to  many  persons 
it  is  impossible.  Memorizing  is  very  essential  but  memorizing 
should  be  done  properly  to  make  it  useful.  Generally  speaking  it 
is  a  bad  plan  to  try  to  memorize  the  words  in  a  text.  The  mem- 
orizing of  t  commonplace  words,  especially  by  a  man  untrained 
and  past  thirty  is  one  of  the  most  difficult  tasks  imaginable,  but 
the  memorizing  of  facts  or  the  substance  of  the  matter  can  be 
accomplished  by  intelligent  effort  and  application. 

The  value  of  an  intelligent  system  in  memorizing  is  generally 
recognized.  The  man  who  would  try  to  remember  the  names  of 
the  twenty,  children  in  the  families  of  Smith,  Brown  and  Jones 
would  come  across  a  difficulty  that  could  be  simplified  by  remem- 
bering first  the  names  of  the  Smith  children,  next  the  names 
of  the  Brown  children  and  lastly  the  names  of  those  owning  to 
a  Jones  paternity.  This  is  simply  classification  and  grouping 
or  arranging  of  subjects  into  classes  which  will  be  of  the  first 
assistance  as  an  aid  to  the  memory.  The  memory  can  also  be 
helped  out  by  the  old  method  of  visualizing  and  association  of 


PRACTICAL  POLICE  WORK  9 

ideas,  that  is  connecting  something  in  the  mind's  eye  with  some 
other  thing  that  one  wishes  to  recall.  If  a  policeman  or  fireman 
should  be  asked  to  name  the  things  that  must  not  be  done  in 
quarters  he  naturally  would  be  able  to  call  to  mind  easily  one 
demoralizing  practice  such  as  drinking;  this  would  by  associa- 
tion call  up  smoking,  entertaining  women  and  a  long  line  of 
conduct  prejudicial  to  good  order  and  discipline.  The  memory 
can  also  be  assisted  by  the  use  of  reason.  In  case  a  man  has 
forgotten  what  certain  rules  or  laws  require  he  can  ask  him- 
self the  question  what  ought  to  be  there  and  by  working  out  of 
his  own  intelligence  the  facts  that  reason  tells  him  should  be 
present  he  may  be  able  to  give  a  satisfactory  answer. 

No ;  rule  can  be  given  that  will  enable  a  man  to  write  out  facts 
within  his  knowledge  with  ease  that  does  not  take  into  account 
Practice.  The  most  facile  writers  are  those  who  write  most,  other 
things  being  the  same.  The  art  of  giving  expression  to  thoughts 
in  writing  cannot  be  acquired  except  by  practice.  No  amount 
of  grammar  or  rhetoric  will  suffice  and  the  more  a  person  writes 
the  better  he  writes.  The  day  he  stops  he  begins  to  rust. 

What  to  Do — How  to  Do  It 

What  is  the  thing  to  be  done  and  how  must  it  be  done  are  dis- 
tinct conditions  not  generally  recognized.  Candidates  in  exam- 
inations are  prone  to  mix  them.  They  should  be  kept  separate. 
What  do  you  know  of  the  subject  and  what  should  be  done  about 
it  are  often  different  parts  of  the  same  question.  They  illustrate 
to  an  extent  substance  and  procedure.  It  happens  quite  often: 
that  the  person  familiar  with  the  subject  matter  is  not  familiar 
with  the  procedure.  It  happens  also  occasionally  that  the  man 
acquainted  with  procedure  is  able  to  tell  how  a  thing  should  be 
done  and  not  able  himself  to  do  it.  This  illustrates  theory  and 
practice  and  the  reason  he  cannot  do  what  he  knows  is  because 
training  and  skill  can  be  acquired  only  by  practice.  It  is  only  a 
genius  who  can  build  a  piano  by  learning  from  a  book  how  it  may 
be  built  or  merely  watching  another  person  building  it. 

A  policeman  must  be  able  to  recognize  conditions  that  are 
wrong  and  know  what  to  do  to  right  them.  For  the  purpose  of 
passing  an  examination  for  promotion  he  should  be  able  to  see 
what  is  asked  of  him  and  write  what  he  knows  with  ease  and 
fluency.  If  unable  to  recognize  a  wrongful  condition  when  he 
sees  it,  or  unable  to  see  it  when  told  of  it  or  unable  to  distin- 
guish the  right  thing  to  do  or  unable  to  explain  his  decision  in 


io  PRACTICAL  POLICE  WORK 

writing,  then  he  is  unable  to  pass  an  examination.  In  these  cases 
he  must  learn  and  seek  training. 

There  are  men  who  can  get  along  by  their  own  efforts  and 
others  who  need  assistance  and  direction.  There  are  some  whose 
memories  are  retentive  and  others  with  memories  like  a  sieve, 
but  holes  in  the  sieve  can  be  plugged  up  if  enough  knowledge  is 
poured  in.  There  are  men  who  reason  logically  from  cause  to 
effect;  there  are  others  whose  minds  seem  to  work  backward 
or  sideways  like  a  jumping  kangaroo  and  these  cannot  learn  until 
they  are  set  on  the  right  path  and  taught  to  go  from  one  subject 
to  another  in  logical  order. 

The  aim  of  this  chapter  is  not  to  give  an  unassimilated  multi- 
tude of  details  but  to  give  general  principles  by  which  details 
may  be  recognized.  There  are  thousands  of  things  which  a  po- 
liceman is  required  to  know  that  no  reasonable  person  will  expect 
him  to  learn  by  memory. 

Just  as  no  lawyer  knows  all  about  the  law  but  does  or  should 
know  general  principles  which  either  lead  him  to  the  correct 
conclusion  or  direct  his  attention  to  where  the  details  are  to  be 
found,  so  no  policeman  can  be  expected  to  remember  all  the 
details  of  his  duties  but  should  know  certain  general  principles 
to  guide  him  in  reaching  the  right  solution  of  any  police  problem 
that  presents  itself. 

The  mere  learning  of  rules  by  rote  is  not  enough.  In  itself 
it  is  of  little  or  no  use.  To  be  of  use  a  rule  must  be  applied  and 
its  application  again  calls  for  thought  and  action.  Since  one  aim 
of  this  work  is  to  teach  the  way  to  prepare  for  and  pass  civil 
service  examination  the  details  to  be  used  will  be  such  as  will 
serve  the  purpose  of  illustration. 

Cardinal  Requirements 

There  are  three  cardinal  requirements  for  the  passing  of  a 
good  examination — ability  to  understand  what  is  asked,  knowledge 
of  the  subject  matter  and  ability  to  give  the  ansiver  clearly  in 
writing.  The  first  and  last  are  overlooked  too  often.  Dependence 
is  generally  placed  upon  the  second.  Men  have  been  known,  able 
to  repeat  the  rules  from  cover  to  cover,  familiar  with  the  Codes 
tc  the  extent  of  knowing  their  contents  verbatim,  able  to  name 
the  page  and  the  number  of  the  section  where  a  specific  piece  of 
information  was  to  be  found,  who  never  could  do  well  enough  in 
their  examinations  to  get  a  place  on  the  list  from  which  they 
could  be  appointed.  Obviously  their  failing  was  not  in  lack  of 


PRACTICAL  POLICE  WORK  11 

knowledge  of  the  subject  matter.    It  must  have  been  due  to  one 
or  the  other  causes. 

Every  question  in  a  Civil  Service  examination  can  be  broadly 
divided  into  two  classes — Substance  and  Action.  A  great  many 
candidates  do  not  distinguish  the  difference  between  these.  They 
take  action  when  called  upon  to  give  the  substance  of  a  rule  or 
law  and  in  the  process  of  answering  forget  what  they  were  asked 
about. 

The  difference  between  substance  and  action  is  well  illustrated 
in  the  two  Codes — The  Penal  Law  defines  crimes  while  the  Crim- 
inal Code  prescribes  the  action  to  be  taken  when  crime  has  been 
committed. 

The  rules  of  the  Department  lay  down  principle  as  well  as 
prescribe  the  action  that  should  be  taken.  When  properly  drawn 
this  distinction  should  be  made  clear. 


PRACTICAL  POLICE  WORK 

CHAPTER  I 
HOW  TO  LEARN 

A  policeman  must  first  know  what  is  wrong  and  then  know 
what  to  do  about  it.  That  invites  the  question  how  is  he  to  know. 
He  can  know  only  by  learning  and  he  learns  only  through  the  eye 
or  the  ear.  He  can  read  the  matter  in  print  or  hear  it  explained 
or  he  can  do  both  which  is  preferable. 

In  case  a  man  confines  himself  to  reading  he  must  try  to  mem- 
orize as  well  as  to  understand.  Neither  one  is  quite  enough  in 
itself.  Take  for  example  the  five  general  and  fundamental  du- 
ties— Preserve  t'he  Peace,  Prevent  Crime,  Protect  Life  and  Prop- 
erty,  Enforce  Laws  and  Ordinance,  Detect  Crime  and  Arrest  Vio- 
lators  of  the  Law.  These  of  course  should  be  remembered,  but 
they  should  also  be  understood  and  the  best  way  to  understand 
them  is  for  a  man  to  think  out  for  himself  as  many  examples  of 
•each  as  he  can.  When  that  is  done  he  will  have  received  a  lasting 
impression  of  the  meaning  of  each. 

The  next  essential  thing  is  to  remember  that  there  are  various 
weapons  furnished  to  a  policeman  to  enable  him  to  perform  these 
five  fundamental  duties  and  that  they  vary  from  the  giving  of  in- 
formation to  the  making  of  an  arrest.  The  man  who  studies 
properly  will  ask  himself  under  what  conditions  he  can  or 
should  use  one  of  these  weapons  and  when  another  and  write  out 
his  answers. 

The  making  of  an  arrest  is  the  final  and,  most  important  of 
these  weapons.  For  that  reason  to  know  that  no  arrest  can  be 
made  except  in  accordance  with  law  is  quite  as  important  as  to 
"know  the  law  of  arrest. 

The  law  of  arrest  is  contained  in  the  Criminal  Code  which  also 
tells  that  in  the  making  of  an  arrest  there  must  be  an  act  and  a 
purpose,  the  act  being  the  taking  of  the  accused  into  custody,  the 
purpose  being  to  have  him  answer  for  a  crime.  Every  act  of 
taking  into  custody,  therefore,  is  not  an  arrest.  This  distinction 
if  kept  in  mind  will  keep  men  from  bothering  about  extra  tech- 

13 


74      '..  -  '  :  -  PRACTICAL  POLICE  WORK 


fripril'.siiu'atipns,  which  is  the  bane  of  so  many,  such  as  the  arrest 
of  a  material  witness. 

It  will  be  shown  that  the  Law  of  Arrest  distinguishes  between 
felonies  or  States  prison  offences  and  misdemeanors  punishable 
in  a  lesser  degree,  that  when  the  crime  is  a  misdemeanor  it  must 
either  be  committed  in  the  officer's  presence  at  or  about  the  time 
of  arrest,  or  the  officer  must  have  a  warrant  from  a  magistrate. 
When  made  for  a  felony  there  must  have  been  a  felony  committed 
with  knowledge  of  its  commission  or  at  least  reasonable  grounds 
to  suspect;  or  as  an  alternative  there  must  be  a  warrant. 

Now  the  way  to  understand  all  about  the  power  to  make  ar- 
rest is  for  a  policeman  to  ask  himself  for  examples  —  various  ex- 
amples without  being  hair  splitting  and  he  will  soon  learn.  If  he 
knows  that  "in  his  presence"  means  within  his  sight,  or  within 
his  hearing  when  he  goes  to  the  spot  immediately  or  where  the 
crime  is  continuous  as  in  the  case  of  stolen  property  carried  by 
the  thief  he  will  know  as  a  consequence  that  even  though  glass 
intervenes  he  can  go  through  it  to  make  the  arrest  even  in  the 
case  of  a  misdemeanor. 

Guide  to  Grade  of  Crime 

The  best  guide  of  the  grade  of  the  crime  is  the  Penal  Law,. 
but  if  that  be  not  handy  most  felonies  can  be  distinguished  in. 
other  ways.  Either  they  are  crimes  against  the  person  or  against 
property,  against  morality  or  against  the  public  welfare.  If  felo- 
nies, they  endangered  life,  or  did  serious  damage,  or  there  was 
the  probability  of  their  doing  so,  as  there  were  the  bad  or  evil 
conditions  of  the  mind  called  intent.  To  pick  out  a  felony  then 
a  policeman  should  ask?  Was  the  damage  serious?  Was  the 
means  used  likely  to  have  made  it  serious  ?  Was  there  evil  intent  ? 

Since  most  crimes  are  committed  against  either  the  person 
or  the  property  of  another  (excepting  those  regulating  public 
morals  and  the  pubilc  welfare)  this  gives  a  basis  from  which  to 
start  and  the  two  fundamental  methods  of  committing  such 
crimes,  Assault  and  Larceny,  are  the  points  from  which  a  start 
can  be  made  in  the  process  of  reasoning.  No  policeman  should 
bother  at  the  outset  with  trying  to  learn  the  different  degrees  of 
these  or  any  other  crimes.  Difference  of  degree  is  mostly  for  the 
District  Attorney,  the  Grand  Jury  and  the  Judge  to  consider, 
The  policeman  should  determine  for  the  purposes  of  arrest 
whether  the  crime  is  a  felony  or  a  misdemeanor.  Consider  as- 
sault. It  is  either  simple  or  felonious,  a  misdemeanor  or  a  felony. 


PRACTICAL  POLICE  WORK  <  15 

Now  apply  the  rule  to  determine  which  it  is.  First,  the  nature 
and  character  of  it.  Second,  the  conditions  under  which  it  wast 
made  or  the  manner  of  the  making.  Third,  the  malice  or  intent 
exhibited.  To  satisfy  the  first  condition,  to  be  felonious  the  in- 
jured person  must  have  received  grievous  bodily  harm;  the  second 
can  be  satisfied  if  the  weapon  or  means  used  was  capable  of  in- 
flicting serious  bodily  harm  even  though  such  harm  did  not  come 
from  it ;  the  third  calls  for  a  wrongful  intent  or  bad  mind.  While 
intent  in  most  cases  can  be  presumed  from  the  nature  of  the 
crime  there  are  other  cases  in  which  it  must  be  specific  as  in  the 
•case  of  assault  by  drugs  where  the  intent  may  be  either  to  do 
serious  bodily  harm  or  to  enable  the  perpetrator  to  commit  an- 
other crime.  No  crime  can  be  a  felony  without  this  wrongful 
intent  to  which  the  passions  give  rise. 

Guiding  Elements 

Then  we  have  the  three  elements  to  guide  us.  Is  the  damage 
serious  and  was  the  commission  intentional?  If  so  it  is  a  felony, 
no  matter  how  committed.  Was  it  committed  through  a  means 
likely  to  produce  serious  bodily  harm?  If  so  it  is  a  felony 
whether  serious  bodily  harm  resulted  or  not.  Was  the  perpe- 
trator in  a  vicious  mood  at  the  time  or  did  he  have  either  of  the 
specific  intents  mentioned  at  the  time  of  commission? 

The  bad  condition  of  the  mind  will  make  the  crime  a  felony 
if  the  person  should  be  injured  without  intention  when  the  per- 
petrator is  committing  another  felony.  The  bad  intent  makes 
even  a  slight  assault  a  felony  when  the  prevention  of  or  resistance 
to  an  arrest  or  the  execution  of  a  court  process  is  the  motive  which 
prompted  it.  If  the  foregoing  conditions  are  not  present  and 
little  injury  is  done  then  the  assault  is  simple  and  a  misdemeanor. 

Now  take  Larceny,  the  other  fundamental  crime — against 
property.  It  can  be  either  a  felony  or  misdemeanor  depending 
generally  upon  the  amount  taken,  the  time  and  place  of  taking 
and  the  manner  of  the  taking.  If  a  large  amount — over  $50  is 
taken  serious  injury  is  done.  If  the  time  be  the  night  and  the 
place  a  dwelling  house  there  is  greater  deliberation,  more  evil 
intent  indicated  and  a  less  amount  makes  a  felony.  If  property 
be  taken  from  the  person  the  manner  of  taking  indicates  an  evil 
c'esperate  person  willing  to  take  the  chance  of  committing  another 
crime  to  defend  its  possession. 

Most  crimes  (1efme;l  in  the  Penal  Law  are  committed  against 
•either  the  person  or  the  property  of  another  and  most  of  them 


16  PRACTICAL  POLICE  WORK 

are  allied  either  with  assault  or  with  larceny.  Such  laws  have 
been  made  necessary  because  the  courts  have  been  over-technical 
in  their  definitions  and  because  criminals  have  from  time  to 
time  invented  ways  of  committing  crime  that  did  not  come  under 
the  then  existing  laws  owing  to  such  hyper-technical  interpreta- 
tions. 

Power  of  Arrest 

We  have  seen  that  the  final  and  most  powerful  weapon  in 
the  hands  of  a  policeman  is  the  power  of  arrest.  That  means  the 
right  to  use  force  either  to  take  the  accused  into  custody  or  to 
get  at  him.  Force  means  the  power  to  break  into  a  building  when 
the  power  to  arrest  exists  but  it  must  be  used  with  discretion 
when  necessary  only,  and  not  to  a  greater  degree  than  is  abso- 
lutely necessary  to  affect  the  taking. 

There  remains  the  warrant  which  is  a  power  given  by  a  Magis- 
trate who  may  be  a  Judge  of  a  higher  criminal  court  and  which 
is  issued  in  misdemeanor  cases  to  accomplish  an  arrest  not  made 
at  the  time  of  the  crime,  and  in  felony  cases  when  the  crime  was 
not  obvious  to  the  officers.  Since  a  magistrate  has  to  use  care  to 
make  certain  of  the  crime  before  issuing  a  warrant,  the  police- 
"man  who  executes  it  is  relieved  of  responsibility,  but  he  must  have 
the  warrant  with  him  to  arrest  under  its  authority.  The  accuser  is 
under  arrest  when  taken  into  custody  or  when  he  submits  by 
consent,  not  before. 

A  warrant  differs  from  a  summons  both  in  its  tenor  and  in  the 
nature  of  the  cases  to  which  it  applies.  The  summons  is  used  m 
case  of  petty  offences  such  as  violations  of  the  city  ordinances  or 
trivial  misdemeanors  as  well  as  in  violations  of  the  Motor  Ve- 
hicle Law.  It  says  directly  to  the  accused  "Come  in"  or  you  will 
have  to  while  a  warrant  is 'addressed  to  the  Peace  Officer  and 
directs  him  to  "bring  in"  the  accused. 

Summonses  have  been  issued  from  time  immemorial  to  save 
the  accused  from  unnecessary  punishment  and  humiliation  and 
to  save  the  people  unnecessary  trouble  and  expense  when  only 
petty  offences  are  concerned  which  even  though  sometimes  defined 
as  crime  are  not  of  a  criminal  nature.  They  are  issued  in  Motor 
Vehicle  cases,  for  example,  when  identification  is  made  because 
first  the  driver  is  responsible,  second  because  there  is  generally  a 
presumption  against  wrong  doing  and  in  favor  of  accident  in  such 
cases,  and  third  because  the  punishment  to  the  parties  concerned 
would  be  frequently  too  great  if  an  arrest  were  made.  But  they 


PRACTICAL  POLICE  WORK  ty 

are  not  to  be  made  use  of  ivhere  there  is  positive  evidence  of  neg- 
ligence of  the  kind  classed  as  criminal.  They  are  not  to  be  made 
use  of  where  a  real  crime  involving  knowledge  of  wrongdoing 
exists  as  distinguishel  from  a  technical  crime,  acts  which  though 
violative  of  the  law  are  not  criminal,  the  Penal  Law  to  the  con- 
trary notwithstanding.  The  blank  summons  issued  to  policemen 
is  in  effect  issued  by  the  Chief  Magistrate.  Since  Bench  war- 
rants issue  after  an  indictment,  or  to  re-commit  a  person  already 
on  bail  and  they  commit  the  accused  directly  to  prison,  bail  cannot 
be  taken  by  a  Desk  Officer. 

Review  of  Crimes 

A  policeman  is  but  little  concerned  practically  with  the  tech- 
nical difference  between  a  principal  and  an  accessory  excepting  in 
so  far  as  it  shows  him  that  a  person  can  become  guilty  of  a  crime 
who  knew  nothing  about  it  at  the  time  it  was  committed,  but  be- 
comes guilty  in  case  he  aids  or  harbors  the  accused  afterwards 
with  the  intention  to  have  him  escape  arrest  or  punishment,  pro- 
vided be  knows  or  has  reason  to  suspect  the  man's  guilt.  Neither 
is  the  distinction  between  the  commission  of  a  crime  and  the  at- 
tempt to  commit  it  so  important  to  the  policeman,  as  he  can  arrest 
for  an  attempt  just  as  for  the  commission.  In  both  the  above 
cases  the  distinction  is  more  important  to  the  court  than  to  the 
policeman.  The  grade  of  the  crime  is  the  same,  the  punishment 
only  is  different. 

It  is  quite  important  that  a  policeman*  should  know  that  others 
can  be  guilty  as  well  as  the  actual  perpetrator,  viz.,  the  plotter 
or  procurer  and  the  aider  or  abettor,  and  that  mere  intent 
to  commit  a  crime  if  not  accompanied  by  an  act  is  not  a  crime. 
In  this  respect  crimes  are  to  be  distinguished  from  sins. 

The  only  thing  essential  for  the  ordinary  policeman  to  know 
about  bail  is  that  in  the  case  of  misdemeanors  Desk  Officers  can 
take  it,  under  certain  conditions,  but  that  in  practically  all  cases 
it  is  the  function  of  a  magistrate.  A  policeman  who  comes  with 
a  warrant  ought  to  be  able  to  identify  the  signature  of  the  magis- 
trate who  issues  a  warrant  to  the  magistrate  who  endorses  it  for 
execution  in  the  county  where  the  latter  has  jurisdiction. 

It  is  because  of  the  inconveniences  and  unnecessary  punish- 
ment of  the  accused  that  warrants  for  misdemeanors  are  not  to 
be  executed  at  night  time  or  on  Sundays  unless  the  magistrate 
directs  it  in  writing. 


i8  PRACTICAL  POLICE  WORK 

Search  warrants  are  very  important  things  to  be  remembered 
about.  They  are  issued  either  to  recover  stolen  property,  to  get 
property  that  has  been  used  in  the  commission  of  a  felony  or  that 
is  intended  to  be  used  as  such;  that  the  property  must  be  fully 
identified  before  a  magistrate  will  issue  a  warrant  and  when  the 
property  is  taken  the  policeman  should  leave  a  receipt  for  it. 

The  question  which  puzzles  policemen  most  is  the  nature  of 
the  knowledge  of  the  commission  of  a  felony  they  must  have 
before  making  an  arrest.  It  will  bear  to  be  repeated  that  it  need 
not  necessarily  be  personal  knoivledgc,  but  it  must  be  more  than 
suspicion.  The  statements  of  reliable  third  persons  corroborated 
by  other  facts,  official  communications  from  the  polite  of  this  or 
other  States,  evidences  that  convince  him  or  would  convince  a 
reasonable  person  is  sufficient.  On  that  point  there  is  no  absolute 
rule  to  guide. 

The  Policeman  as  a  Social  Adviser 

Since  a  policeman  is  required  to  give  information  and  assist- 
ance to  the  inquiring  public  he  ought  to  know  and  be  able  to  di- 
rect those  who  are  ignorant.  If  a  woman  complains  of  being 
abused  by  her  husband  he  should  know  that  the  nearest  Magis- 
trate Court  is  the  proper  place  to  go;  if  non-support  be  charged 
then  she  should  be  directed  to  the  Domestic  Relations  Court ;  if 
a  child  be  the  offender,  the  Children's  Court ;  if  a  person  fail  to 
pay  a  domestic's  wages,  the  nearest  Municipal  Court.  The  pa- 
trolman in  such  cases  should  be  able  to  give  information  regard- 
ing the  assistance  to  be  obtained  from  the  Bureau  of  Domestic 
Relations,  the  Children's  Society  or  the  Legal  Aid  Society,  and 
consequently  should  be  able  to  answer  questions  on  these  matters. 
Because  he  frequently  has  to  appear  in  the  minor  criminal  courts, 
the  Traffic  Court,  the  Night  Court,  and  Special  Sessions,  he  should 
know  the  extent  of  the  jurisdiction  of  each  and  the  police  pro- 
cedure to  be  followed.  Knowledge  of  the  higher  courts  is  neces- 
sary only  as  an  academic  question. 


CHAPTER  II 

GENERAL  PRINCIPLES  OF  THE  LAWS 
Malicious  Mischief 

Malicious  mischief  partakes  of  the  nature  of  a  crime  both 
against  property  and  against  the  person.  The  motive,  however,  is 
not  gain.  It  is  either  a  felony  or  misdemeanor  depending  upon 
its  gravity.  If  it  be  one  where  human  life  is  endangered  or  prop- 
erty put  in  serious  danger  and  there  is  a  malicious  intent  present, 
it  is  stamped  at  once  as  a  felony.  To  such  a  class  belongs  certain 
injury  to  a  church  or  irreparable  destruction  of  an  election  re- 
turn, the  setting  off  of  an  explosive  in  a  ship  with  persons  aboard, 
the  burning  of  crops,  forests,  buildings,  the  changing  of  lights  or 
signals  on  railroads.  If  the  offence,  however,  be  one  that  just 
annoys  or  causes  slight  loss  or  damage  even  though  intentional  it 
is  only  a  misdemeanor.  To  this  class  would  belong  interference 
with  message  carrying  wires,  signs  on  highways,  slight  injury  to 
public  structures,  interference  with  fire  hydrants,  false  fire  alarms, 
destruction  to  trees  or  real  property,  injury  to  a  merchandisable 
ice  pond,  or  shell  fish  bed,  killing  game  in  a  cemetery,  putting  up 
a  shanty  on  another's  property,  driving  dangerous  animals  on  a 
street  or  roadway  without  warning,  damaging  an  automobile, 
taking  fish  from  a  preserve,  injuring  an  arsenal,  trespassing  upon 
a  rifle  range,  cutting  cables  used  for  anchorage,  using  the  Ameri- 
can flag 'for  advertising,  injuring  growing  crops,  removing  books 
from  a  library,  disfigurinng  monuments. 

Crimes  Against  the  Person 

Challenging  to  fight,  carrying  dangerous  weapons  and  disor- 
derly conduct  are  prohibited  because  otherwise  they  lead  to  in- 
jury to  the  person  or  are  likely  to.  Duelling  is  the  consumma- 
tion of  a  challenge  to  fight,  maiming  and  mayhem,  aggravated 
assaults  which  result  in  permanent  injury  to  an  organ;  prize 
fighting  is  demoralizing  as  well  as  injurious  to  the  participants 
and  homicide  the  most  serious  result  that  can  arise  from  assault. 

19 


20  PRACTICAL  POLICE  WORK 

As  a  practical  proposition  a  policeman  is  not  much  concerned 
with  the  distinction  the  law  makes  in  classifying  homicide  into 
four  kinds.  He  already  knows  that  every  assault  is  not  a  crime 
and  neither  is  every  homicide,  and  for  the  purpose  of  arrest  it  is 
not  important  whether  murder  or  manslaughter  is  to  be  charged. 
For  the  purpose  of  evidence  it  is  more  or  less  important,  but  of 
that  later.  Excusable  and  justifiable  homicide  are  for  others  to 
determine. 

Crimes  Against  Property 

Crimes  against  the  person  are  not  nearly  as  numerous  as  crimes 
against  property.  Some  are  against  both.  The  desire  to  possess 
the  property  of  others  is  the  most  potent  agency  for  the  commis- 
sion of  crime.  Out  of  that  motive  or  desire  come  crimes  against 
the  person  and  crimes  against  the  community,  and  crimes  in  which 
other  motives  crop  out. 

Blackmail,  bribery  and  corruption,  burglary,  business  frauds, 
.cheating,  obtaining  money  under  false  pretenses,  coining  or  coun- 
terfeiting, receiving  stolen  property,  extortion,  forgery,  cheating 
hotel  keepers,  larceny,  using  false  weights  and  measures,  and  a 
host  of  others  with  a  more  limited  application  all  have  the  same 
general  intent  underlying  them,  viz. :  the  getting  of  another's 
property  ivithout  being  by  right  entitled  to  it.  They  belong  to  the 
class  known  as  crimes  against  property. 

In  the  case  of  larceny  there  is  an  act — the  taking  of  property 
of  another,  and  an  intent — to  defraud  the  owner  of  its  use  or 
benefit  and  appropriate  it  to  one's  own  use  or  the  use  of  another. 
If  these  elements  are  present  the  crime  of  larceny  is  present  and 
a  policeman  in  working  out  a  particular  case  can  apply  the  rule 
ancl  determine  the  crime.  The  main  difference  between  larceny 
and  extortion  for  example  is  the  consent  of  the  owner  of  the 
property.  In  larceny  he  parts  with  it  without  consent;  in  extor- 
tion it  is  with  his  consent,  but  the  consent  in  extortion  is  forced 
or  obtained  by  fear  or  by  pretence  of  exercising  official  authority 
whether  the  extortioner  be  an  official  or  not.  Then  the  main 
difference  between  extortion  and  blackmail  is  that  blackmail  is 
practically  only  attempted  extortion  in  writing.  In  extortion  the 
culprit  got  the  property,  in  blackmail  he  tried  to  get  it  through  a 
threatening  letter  but  failed. 

\Yhen  a  man  is  put  in  fear  of  personal  injury  to  himself  or  to 
a  relative,  or  of  being  accused  of  a  crime;  a  deformity  or  a  dis- 
grace exposed,  a  secret  concerning  himself  or  a  relative  made 


PRACTICAL  POLICE  WORK  21 

public,  himself  or  a  relative  kidnapped  or  injury  done  to  his  or 
their  property,  the  law  concerning  being  "put  in  fear"  is  violated. 

But  after  all  the  main  thing  for  a  policeman  to  know  about 
extortion  and  blackmail  is  that  the  criminal  got  or  tried  to  get^ 
another  person  s  property  and  that  he  made  the  other  person  give 
up  through  fear,  or  under  the  pretence  of  the  offender  being  an 
official  of  some  kind.  When  that  is  established  it  is  easy  to 
decide  on  how  to  act. 

Crimes  against  morals  are  distinct  from  crimes  against  the 
person  and  against  property  inasmuch  as  they  are  violative  of 
laws  designed  to  prevent  the  moral  degradation  of  the  person 
concerned  directly,  or  of  others  indirectly.  Consequently  some 
of  these  crimes  are  directly  harmful ;  others  indirectly  so  or  likely 
to  lead  to  harm.  In  this  category  can  be  placed  the  sex  crimes, 
gambling,  indecency,  obscenity  and  others.  Again  there  is  a  class 
of  crimes  which  offend  not  directly  against  an  individual  but 
against  the  general  public  which  if  not  prohibited  would  result  in 
injury  to  the  individual.  In  this  class  belong  offences  relating 
to  civil  rights,  various  kinds  of  conspiracies,  those  covered  by  the 
election  law,  public  nuisances,  interference  with  traffic,  offences 
against  the  public  health,  against  public  justice,  public  records  and 
various  others. 

With  these  latter  classes  as  with  the  crimes  against  persons 
and  property  the  policeman  should  be  guided  by  the  gravity  of 
the  offence,  the  intent  of  the  doer  and  frequently  by  the  manner 
in  which  the  thing  is  done  whenever  he  intends  to  make  an  arrest 
and  does  not  know  definitely  whether  or  not  the  law  makes  the 
crime  under  consideration  a  felony  or  a  misdemeanor. 

Let  us  apply  these  rules  to  some  of  the  crimes  with  which  a 
policeman  has  to  deal.  Take  the  kindred  crimes  of  abduction  and 
kidnapping.  The  gravity  of  the  offence  is  manifest.  Therefore 
both  must  be  felonies  and  a  policeman  should  arrest  whenever  he 
knows  either  has  been  committed  and  has  at  least  reasonable 
grounds  to  believe  a  certain  person  did  it.  The  only  practical 
difference  between  kidnapping  and  abduction  lies  in  the  motive. 
Abduction  can  be  perpetrated  only  against  a  woman  and  the  sex 
motive  must  be  present.  There  are  three  kinds  of  women  who 
may  be  abducted  differently.  The  woman  under  eighteen  even, 
for  marriage  without  her  parents'  consent ;  the  chaste  woman  over 
eighteen  who  has  been  enticed  or  inveigled  into  a  place,  and  the 
woman  over  eighteen,  chaste  or  otherwise  who  had  been  taken 
away  by  force. 


22  PRACTICAL  POLICE  WORK 

In  abduction  the  two  main  elements  are  the  taking  and 
motive.  In  kidnapping  there  is  a  taking,  but  the  motive  is  usually 
gain.  The  taking  or  keeping  must  be  against  the  will,  but  a  child 
under  twelve  cannot  consent  to  go.  With  a  child  under  sixteen, 
however,  there  may  be  one  of  several  motives  such  as  an  intent  to 
conceal,  to  extort  money  for  its  return  or  to  steal  from  its  person. 

Anarchy 

One  of  the  odd  crimes  on  the  statute  book  is  that  designated 
as  criminal  anarchy.  Anarchy  itself  is  a  doctrine  and  is  not  a 
crime.  It  is  a  doctrine  which  advocates  the  overthrow  of  organ- 
ized government.  So  long  as  anarchists  advise  their  followers  to 
carry  out  the  doctrine  by  lawful  means  such  as  amending  the 
United  States  Constitution  it  is  no  crime,  but  when  they  advise 
by  word  or  writing  that  such  a  thing  should  be  carried  out  by 
force  or  violence  or  the  assassination  of  an  executive  they  commit 
crime.  Some  persons  are  erroneously  of  the  opinion  that  to  ad- 
vocate the  assassination  of  an  executive  such  as  the  President 
is  criminal  anarchy,  but  that  is  not  so  unless  it  be  advocated  for 
the  purpose  of  bringing  about  the  overthrow  of  organized  gov- 
ernment. 

For  practical  police  purposes,  however,  it  makes  little  differ- 
ence what  the  motive  is  when  a  man  advocates  the  assassination 
of  another.  He  should  be  arrested. 

Children  and  Animals 

The  humane  feelings  of  the  community  in  centra-distinction  to 
the  brutal  tendencies  of  the  individual  has  prompted  the  State  to 
make  laws  for  the  protection  of  children  and  animals  which  are 
unable  to  protect  themselves.  There  are  special  peace  officers 
for  the  enforcement  of  these  laws  with  whom  policemen  are  re- 
quired to  co-operate.  By  law  every  person  under  sLvteen  is  a  child 
and  entitled  to  the  protection  of  parent  or  guardian.  Now  if  a 
child  is  abandoned  or  left  destitute  without  food,  clothing  or 
shelter  it  is  quite  evident  that  a  grave  offence  has  been  committed 
and  grave  offence  is  a  felony,  and  a  policeman  can  arrest'  for  a 
felony  when  it  has  been  committed  and  he  knows  it  or  has  rea- 
sonable grounds  to  believe  it.  But  if  the  child  is  not  abandoned, 
even  though  not  provided  for,  the  offence  is  not  so  grave  and  is 
only  a  misdemeanor.  Children  can  be  offended  against  in  other 
ways.  Occupation  that  endangers  their  health  or  safety  or  im- 


PRACTICAL  POLICE  WORK  23 

pairs  their  morals,  amusement  that  let  them  into  theatres,  dance 
halls,  bowling  alleys,  concert  halls,  skating  rinks,  billiard  rooms, 
saloons,  moving  picture  places  unaccompanied  by  a  parent  or 
somebody  who  can  stand  in  the  parents'  stead  is  forbidden,  be- 
cause it  is  dangerous.  Not  being  grave,  it  is  only  a  misdemeanor. 

The  brute  that  is  in  man  has  been  responsible  for  making 
combative  animals  fight.  It  has  frequently  kept  them  without 
food,  drink  or  sustenance.  It  has  cruelly  beaten,  maimed  and  in- 
jured them.  It  has,  when  they  could  no  longer  serve  his  pur- 
pose, left  them  abandoned  to  die  in  torture.  These  things  are  now 
forbidden  by  law.  They  are  not  reckoned  grave  and  are  misde- 
meanors. There  is  only  one  offence  in  connection  with  animals 
which  is  a  felony  and  that  is  the  poisoning  of  domestic  cattle. 
Obviously  in  this  last  there  is  the  property  damage  involved  with 
the  bad  mind  that  a  person  must  have  zvho  zvould  commit  such  a 
deed.  And  yet  the  poisoning  of  a  dog  however  valuable  is  only 
a  misdemeanor. 


Burglary 

Burglary  is  a  crime  against  which  police  are  always  on  guard. 
It  is  one  of  the  most  important  they  have  to  deal  with,  both 
because  of  its  frequency  and  its  gravity.  A  burglar  is  mostly  a 
desperate  thief.  It  is  an  aggravated  form  of  larceny  and  because 
of  its  gravity  and  the  bad  mind  that  prompts  it  is  always  felo- 
nious. The  crime  originally  was  the  breaking  into  a  dwelling 
house  in  the  night  time  to  steal,  but  the  definition  has  been  very 
broadly  extended  by  statute  in  this  State.  There  still  must  be 
a  breaking,  an  entering  and  the  evil  intent,  but  these  words  have 
been  given  a  meaning  very  much  wider  than  the  dictionary 
meaning  which  will  be  described  later. 

Another  matter  about  which  policemen  worry  unnecessarily 
is  the  crime  of  compounding  a  crime.  From  an  academic  stand- 
point it  is  interesting  to  them,  from  a  practical  standpoint  inter- 
esting to  the  District  Attorney.  It  is  either  a  felony  or  misde- 
meanor depending  on  the  grade  of  the  original  crime  compounded. 
It  just  means  giving  up  something  as  a  consideration  for  the 
accused  agreeing  to  conceal  or  keep  out  testimony,  or  to  abstain 
from  prosecuting,  and  the-  consideration  may  be  money  or  any- 
thing of  value.  Taking  back  stolen  goods  is,  however,  no  consid- 
eration if  no  favor  be  shown  the  thief. 


24  PRACTICAL  POLICE  WORK 

Conspiracy 

An  arrest  for  the  crime  of  conspiracy  is  rarely  or  ever  made 
except  upon  a  warrant.  In  the  first  place  it  is  only  a  misdemeanor 
and  in  the  next  its  commission  is  not  obvious.  There  is  more  or 
less  secrecy  about  it.  There  must  be  two  or  more  persons  in- 
volved and  they  must  conspire.  The  object  of  their  conspiracy 
may  be  to  indict  another,  commit  a  crime,  bring  a  lawsuit,  cheat 
somebody,  to  keep  him  from  attending  to  his  lawful  business  by 
force,  threats,  intimidation  or  injury.  Such  is  conspiracy  against 
an  individual.  Then  there  is  conspiracy  against  the  public  inter- 
est by  agreement  to  do-  an  act  injurious  to  the  public  health, 
morals,  trade,  commerce,  justice  or  laws.  But  merely  talking 
the  matter  over  or  even  agreeing  to  do  it  is  not  enough  except  in 
the  cases  of  felonies  upon  the  person,  arson  or  burglary.  In  all 
others  an  open  act  towards  their  perpetration  must  be  done  before 
conspiracy  can  be  charged. 

Disorderly  Conduct 

Formerly  whenever  a  policeman  did  not  know  exactly  what 
to  charge  against  a  person  he  made  it  disorderly  conduct.  There 
is  such  a  crime,  though  its  existence  was  long  disputed.  It  con- 
sists either  of  an  act  or  speech,  the  use  of  any  threatening  or  in- 
sulting behavior  intended  or  likely  to  provoke  a  breach  of  the 
peace;  or  offensive  or  disorderly  act  or  language  that  annoys  or 
interferes  with  others  in  any  public  place,  or  a  disorderly  refusal 
to  abide  by  an  orderly  ruling  by  a  person  in  authority.  That  rule 
is  not  hard  to  understand  or  apply.  It  will  work  even  in  offences 
specially  designated  as  disorderly  conduct  by  statute  as  in  the  case 
of  street  walkers. 

Forgery 

A  very  grave  felonious  crime  is  forgery,  but  not  very  impor- 
tant to  the  policeman  from  a  practical  standpoint  as  its  commis- 
sion is  not  obvious.  Here  again  there  is  an  act  with  the  intent 
to  defraud.  Although  the  common  method  of  committing  for- 
gery is  to  imitate  another's  signature  with  the  intent  to  defraud, 
yet.  the  crime  could  be  committed  by  writing  an  instrument  over 
a  genuine  signature,  by  alterations  or  -obliterating  or  piecing  to- 
gether. It  can  arise  through  the  making  of  a  plate  or  stamp  or 
failure  to  make  an  entry  in  certain  instances. 


PRACTICAL  POLICE  WORK  ~5 

Gambling 

Gambling  although  not  necessarily  nor  essentially  criminal, 
gives  the  police  more  concern  than  others  that  are.  The  reason 
for  this  is  that  not  being  condemned  by  the  Bible  nor  the  moral 
law  very  many  people  do  not  regard  gambling  as  wrong  and 
refuse  to  abide  by  the  law.  Embraced  under  the  general  heads 
of  gambling  may  be  considered  policy,  horse  racing,  lottery  and 
the  like. 

Although  the  statute  does  not  plainly  say  so,  the  crime  of 
gambling  is  restricted  to  such  places  as  those  where  there  is  a 
profit  to  an  outsider.  This  leaves  out  friendly  games  even  when 
played  for  money.  There  are  also  certain  places  where  it  is  a 
crime  to  keep  gambling  paraphernalia  because  of  the  possibility 
of  danger  or  demoralization  or  because  of  the  scandal  possible. 
Churches,  courts,  polling  places,  military  camps,  educational  in- 
stitutions, and  cars  and  vessels  are  examples. 

Gambling  may  be  a  felony,  a  misdemeanor  or  no  crime.  A 
general  rule  to  help  is  that  the  profiteer  is  generally  a  felon, 
provided  he  engineers  the  game  or  acts  directly  for  one  who 
does.  Those  who  aid  indirectly  are  sometimes  misdemeanants, 
sometimes  felons,  and  those  who  go  up  against  the  game  are 
victims  but  not  criminals,  one  of  the  few  cases  where  all  parties 
concerned  are  not  criminals.  The  possession  of  policy  slips  is 
presumptive  evidence  of  intent,  but  not  criminal  if  the  presump- 
tion can  be  overcome. 

In  lottery  the  contriver  or  manager  of  the  scheme  is  a  felon, 
while  all  those  who  help  out  are  only  misdemeanants  and  the 
crime  exists  whenever  there  is  a  plan  to  distribute  property 
"by  chance  among  those  who  have  paid  a  valuable  consideration 
for  it.  It  does  not  excuse  if  the  lottery  is  conducted  under  the 
auspices  of  the  State  or  another  country. 

Indecency 

Indecency  shocks  sex  morality.  The  laws  against  it  are 
enacted  in  the  interest  of  morality.  The  term  applies  to  anything 
that  will  excite  to  lust  or  sex  offences.  It  includes  the  exhibition 
of  pictures,  print  or  exposures  and  plays  of  a  lewd,  lascivious 
or  filthy  character  or  the  dissemination  of  reading  matter  with 
lustful  or  criminal  stories.  Being  only  a  misdemeanor  this  class 
of  crime  invites  arrest  only  when  committed  in  the  presence,  but 
.apart  from  this  fact  there  are  other  difficulties.  The  principal 


26  PRACTICAL  POLICE  WORK 

one  is 'to  determine  whether  or  not  the  thing  is  indecent.  That 
does  not  always  depend  upon  the  matter  but  upon  outside  condi- 
tions. Again  what  may  appear  indecent  to  some  is  not  apparently 
so  to  others.  Since  there  are  no  exact  standards  with  which  to 
judge  whether  a  play,  exhibition,  book  or  picture  is  indecent 
the  safest  plan  for  a  policeman  who  is  not  an  expert,  is  to  report 
the  fact  so  that  a  warrant  may  be  procured  and  the  responsi- 
bility placed  'upon  a  magistrate.  When  the  thing  is  indecent  be-' 
yond  question  he  should  arrest  the  party  responsible.  A  recent 
addition  to  this  class  of  crimes  is  advertisements  for  the  treat- 
ment of  private  diseases.  They  also  include  the  advocacy  of 
birth  control  and  the  doing  of  anything  calculated  to  facilitate 
sex  immorality. 

Intoxication 

It  is  not  a  crime  to  get  drunk  in  one's  own  house  or  rlub 
or  the  home  of  a  friend.  It  becomes  a  crime  when  intoxication 
is  public.  There  never  was  an  authoritative  definition  of  drunk- 
enness or  intoxication  that  was  not  disputed.  The  safest  plan 
for  a  policeman  is  not  to  interfere  with  a  man  under  the  influence 
so  long  as  he  can  help  himself.  Being  drunk  and  in  charge  of  art 
engine  or  vehicle  endangering  others  is  criminal. 

Nuisances 

The  policeman  should  distinguish  between  public  nuisances 
and  private  nuisances.  All  nuisances  are  annoyance  but  all  nui- 
sances are  not  crimes.  Before  one  becomes  a  crime  the  public 
must  be  annoyed,  endangered  or  injured.  The  public  is  com- 
posed of  "Any  considerable  number  of  persons.  A)  consid- 
erable number  means  at  least  three.  How  must  these  persons- 
be  annoyed?  In  their  comfort  or  repose.  How  endangered 
or  injured?  In  their  health.  How  can  the  community  suffer  a 
nuisance?  By  any  condition  that  offends  public  decency,  ob- 
structs •traffic  or  navigation  or  renders  thrbe  or  more  persons' 
insecure  in  life  and  property.  The  crime  has  been  broadened 
to  take  in  opium  joints  and  offices  where  passage  tickets  are 
sold  unlawfully. 

Policemen  have  a  great  deal  to  do  with  nuisances  either  by 
themselves  or  in  co-operation  with  other  departments.  They  are- 
not  classed  as  serious  crimes  but  being  so  numerous  and  of  such 
a  variety  they  occupy  a  great  deal  of  a  policeman's  time  and 
call  forth  the  exercise  of  every  weapon  at  his  disposal  from  ad- 


PRACTICAL  POLICE  WORK  27 

monition  to  the  making  of  an  arrest.  They  also  demand  dis- 
cretion as  a  nuisance  in  one  place  is  not  necessarily  so  in  another. 
The  studious  policeman  will  make  note  of  conditions  and  see 
to  which  the  rule  applies.  Annoy,  injure,  endanger  health, 
comfort  or  reposes.  Any  considerable  number  of  persons. 

Perjury 

The  crime  of  perjury  interests  policemen  in  an  academic 
way  only.  A  policeman  never  arrests  for  perjury  without  a 
warrant,  and  the  courts  rarely  convict  for  the  crime.  This  is 
so  in  spite  of  the  fact  that  the  crime  is  being  continuously  per- 
petrated every  day  and  right  in  the  presence  of  courts.  As  a 
provable  proposition  the  commission  of  the  crime  is  not  obvious 
even  when  glaringly  apparent.  The  essentials  to  perjury  are 
an  oath,  the  occasion  for  an  oath,  falsehood,  wilfulness,  knowl- 
edge, and  materiality  either  before  a  court  or  where  an  oath  is 
required.  Knowledge,  Wilfulness  and  Falsehood  are  the  three 
important  essentials.  Its  gravity  makes  it  a  felony  but  its  im- 
provability  makes  it  a  crime  at  which  a  policeman  should  look 
askance  until  the  warrant  is  given  over  to  him. 

Public  Officers 

From  the  standpoint  of  obedience  to  the  law  respecting  the 
conduct  of  public  officers  rather  than  from  duty  to  be  performed 
in  the  enforcement  of  it  the  law  of  Bribery  is  of  interest  to  a 
policeman.  Being  a  trustee  for  the  public  he  must  not  treat 
the  property  of  the  city  as  if  it  were  his  own  nor  receive  re- 
muneration for  services  for  which  the  public  pays  him.  The 
gravity  of  the  individual  offence  is  not  what  makes  the  crime 
sometimes  a  felony  as  it  is  the  intent  to  prevent  grave  possibili- 
ties by  severe  punishment.  Bribing  a  public  officer  might  work 
very  serious  detriment  to  the  public  welfare,  taking  unlawful 
fees  might  be  trivial  in  an  individual  case,  but  as  a  .general 
practice  work  grave  injury  to  the  public.  *  Destruction  of  a 
record  might  defeat  the  ends  of  justice  while  the  misappropria- 
tion of  funds  belonging  to  the  public  is  more  grave  than  from  a 
private  party  because  of  the  confidential  relations  an  officer  bears 
to  the  public.  There  is  a  multitude  of  offences  which  apply 
to  public  officers,  but  those  which  most  concern  policemen  are: 
.grave  neglect  of  duty,  taking  gratuity  to  let  a  prisoner  escape, 
exceeding  one's  duty,  arresting  without  proper  legal  authority,  a 


28  PRACTICAL  POLICE  WORK 

refusal  to  help  him  in  the  making  of  an  arrest,  refusing  to  make 
an  arrest  when  in  duty  bound  to  make  it,  resistance  to  a  public 
officer  in  the  discharge  of  duty. 

Public  Safety. 

The  public  safety  is  endangered  in  a  way  that  is  felonious 
when  explosives  are  offered  to  a  railroad  for  surreptitious  trans- 
portation or  when  an  explosive  is  maliciously  placed  near  a 
building  with  intent  to  throw  it  down  and  injure  life.  There 
are  other  offences  under  this  head  that  are  misdemeanors  and 
a  policeman  should  be  able  to  recognize  them  because  he  might 
come  upon  the  criminal  trying  to  perpetrate  them  and  therefore 
could  make  an  arrest.  They  are  the  overloading  of  a  passenger 
boat,  applying  too  much  steam  to  a  boiler,  or  letting  a  steam 
boiler  burst  from  over  generation  of  steam.  Keeping  ordinary 
explosives  without  a  permit  or  manufacturing  them  in  a  tene-' 
ment  are  also  misdemeanors,  but  high  explosives  cannot  be 
manufactured  in  the  city  under  any  circumstances.  The  trans- 
portation of  explosives,  the  manner  and  place  of  loading  and  the 
conditions  under  which  they  can  be  transported  are  matters 
for  the  policeman  to  know  as  he  shares  the  duty  of  enforcement 
with  members  of  the  Fire  Department. 

The  carrying  of  dangerous  weapons  surreptitiously  is  resorted 
to  by  the  criminal  and  the  coward.  Some  of  the  crimes  that 
come  under  this  head  are  misdemeanors  but  that  does  not  greatly 
concern  a  policeman  as  he  usually  meets  the  condition  directly  and 
the  crime  is  committed  in  his  presence.  He  comes  across  them,, 
either  when  the  offenders  are  using  the  weapons  in  committing  a 
felony  or  when  an  arrest  has  been  made  for  another  offence.  This 
type  of  crime  is  largely  confined  to  one  nationality  and  t6  those 
who  are  naturally  criminal  in  their  tendencies.  In  spite  of  its 
sweeping  character  the  law  has  been  ineffective  because  of  the 
difficulty  of  locating  violators.  Dangerous  weapons  are  divided 
by  the  law  into  two  general  classes,  one  of  which  cannot  be 
carried  at  all,  and  the  other  which  cannot  be  carried  with  the 
intention  to  use  as  weapons  against  another.  A  black  jack, 
slung  shot,  billy,  sandbag  ,  metal  knuckle,  bludgeon,  bomb,  or 
bombshell  are  not  weapons  that  well-behaved  citizens  are  in  the 
habit  of  carrying  about  with  them,  and  if  well-behaved  citizens, 
will  not  possess  such  articles  the  law  says  that  those  disposed' 
to  be  ill-behaved  must  not. 


PRACTICAL  POLICE  WORK  29 

Daggers,  dirks,  dangerous  knives,  stilettos  and  the  like  may 
be  in  the  possession  of  a  person  for  a  harmless  or  utilitarian 
purpose  and  in  such  event  their  possession  is  not  criminal,  but  if 
there  be  the  intent  to  use  them  against  another  their  possession 
is  a  misdemeanor.  This  intent  is  sometimes  manifested  by  the 
appearance  of  the  weapon  as  in  the  case  of  a  nicked  razor. 

A  citizen  may  own  a  cannon,  machine  gun,  rifle,  shotgun  or 
musket  without  license  from  a  magistrate,  but  nothing  smaller. 
He  cannot  keep  one  at  home,  carry  it  concealed  upon  his  person, 
nor  carry  it  if  it  be  small  enough  to  be  concealed.  Not  only  can 
a  person  not  have  these  firearms,  but  dealers  cannot  sell  them 
to  persons  who  are  without  a  permit  to  the  great  benefit  of  the 
gun  dealers  of  Jersey  City.  Even  when  a  person  has  a  license  he 
cannot  wilfully  discharge  a  firearm  in  the  street,  nor  even  with- 
out malice  and  in  fun  point  a  loaded  firearm  at  another,  nor  dis- 
charge it  in  such  a  way  that  another  might  have  been  injured 
even  though  not  injured,  without  committing  a  misdemeanor. 

Certain  care  is  imposed  upon  the  train  conductor  for  the  pro- 
tection of  the  public.  If  that  care  is  neglected  a  misdemeanor  is 
committed  and  a  policeman  who  is  present  or  a  civilian  could 
arrest.  Among  these  are  starting  trains  while  a  manifesting 
passenger  is  about  to  alight  or  enter,  obstructing  ingress  or 
egress  to  cars,  opening  gates  while  the  car  is  in  motion  or  run- 
ning the  train  while  intoxicated.  These  are  crimes  against  the 
person  which  may  result  in  individual  injury.  The  danger  from 
them  is  not  as  great  as  where  a  person  displaces  a  rail,  obstructs 
the  tracks,  breaks  a  signal,  fires  shots  or  throws  stones  so  that 
the  life  and  limbs  of  a  large  number  are  put  in  jeopardy  and 
where  consequently  the  offence  is  a  felony. 

Religious  Meetings 

Because  of  the  recognized  right  of  everybody  to  enjoy  their 
own  form  of  worship  without  being  molested,  the  disturbance 
of  a  religious  meeting  by  profane  language,  rude  or  indecent 
acts  or  unnecessary  noise  within  or  without  is  a  misdemeanor  and 
the  police  are  obliged  to  give  protection  against  all  such  conduct. 
The  offence  is  mostly  perpetrated  on  the  streets,  but  sometimes 
within  churches  where  there  are  factions  in  the  congregation.  In 
the  former  the  policeman  on  post  should  give  the  necessary  pro- 
tection ;  in  the  latter  he  should  wait  until  called  upon  as  church 
people  rarely  want  to  proceed  to  the  limit  of  the  law  when  they 
have  family  disputes. 


30  PRACTICAL  POLICE  WORK 

Riots — Unlawful  Assemblys 

Of  the  twin  crimes  of  riots  and  unlawful  assemblies  the 
policeman  hears  more  than  he  sees.  There  are  very  few  riots  and 
few  unlawful  assemblies,  but  the  police  have  frequently  under- 
taken to  interfere  with  assemblies  that  were  not  unlawful. 
In  order  to  be  an  assembly  three  or  more  persons  have  to  be 
present.  In  riot  they  disturb  the  peace  by  force  or  violence  to 
persons  or  property,  in  unlawful  assemblies  they  threaten  to  do 
so.  In  riot  they  threaten  to  do  an  unlawful  act  by  force  or 
violence  and  have  the  power  to  do  so.  In  unlawful  assembly  they 
intend  to  do  so  and  talk  about  it. 

A  riot  is  generally  a  felony,  an  unlawful  assembly  is  a  mis- 
demeanor. It  is  a  felony  if  the  purpose  of  the  assembly  be  to 
resist  the  enforcement  of  a  Federal  or  State  statute  or  the  ob- 
struction of  an  officer  of  either  in  the  performance  of  his  duty. 
The  person  who  directs,  advises  or  encourages  a  riot  is  guilty 
of  a  felony.  Lesser  offences  arising  out  of  riots  including  the 
act  of  refusing  to  disperse  or  remaining  after  the  meeting  has 
become  a  riot  or  after  being  warned  to  disperse  are  misdemeanors. 

Robbery 

This  is  just  an  aggravated  form  of  larceny.  The  same  thing 
is  done  as  in  larceny;  the  same  intent  is  present  but  the  manner 
of  doing  it  is  different.  To  be  robbery  the  property  must  be  taken 
either  from  the  person  or  from  the  presence  of  another.  It 
must  be  taken  against  his  will.  The  taking  must  be  accompanied 
by  force,  violence  or  the  fear  of  injury. 

"From  the  person"  means  that  the  property  must  have  been 
attached  to  the  person  at  the  time.  "From  the  presence,"  means 
close  at  hand.  There  the  taking  has  to  be  accompanied  by  force 
or  violence  or  fear  of  injury  to  the  victim  or  some  member  of 
his  family.  The  force  used  must  be  for  the  purpose  of  retaining 
and  not  to  get  away. 

The  reason  why  robbery  is  a  felony  regardless  of  the  amount 
taken  is  that  it  evidences  a  reckless  disregard  of  the  serious  co;i- 
sequences  that  may  result  from  being  discovered  in  the  act. 
A  robber  is  always  a  wicked,  desperate  criminal. 


PRACTICAL  POLICE  WORK  31 

Sabbath 

The  State  follows  the  custom  of  Christians  in  keeping  the 
Sabbath  as  a  day  of  rest.  That  means  that  labor  is  prohibited 
upon  that  day.  The  repose  of  the  people  and  religious  observ- 
ances come  before  everything  else  on  Sunday.  That  prohibits 
not  only  servile  works  but  recreation  of  any  kind  that  would 
interfere  with  repose  or  religious^  observances.  Only  works 
of  necessity  and  charity  are  allowed,  but  even  they  cannot  in- 
terfere with  repose  and  religious  observances.  When  these  are 
not  interfered  with,  prepared  food,  a  necessity,  can  be  sold 
before  10  A.  M.  in  delicatessen  stores  or  between  4  and  7:30 
P.  M.  and  in  restaurants  all  day  long  while  such  necessities  as 
tobacco,  milk,  eggs,  confectionary,  ice  cream,  soda  water,  fruits, 
drugs  and  newspapers  can  be  sold  all  day.  Barbers  can  shave 
before  i  P.  M.  Games  and  sports  that  do  not  disturb  the  peace 
can  go  on  if  they  do  not  disturb  religious  worship  or  the  repose 
of  individuals.  But  the  complaint  of  one  individual  who  might 
be  a  crank  would  not  be  sufficient  to  stop  an  orderly  game.  Pro- 
cessions and  parades  are  forbidden  with  music,  except  military 
or  funeral  processions.  Dramatic  and  acrobatic  performances 
on  the  stage  are  not  allowed. 

Suicide 

Suicide  is  not  a  crime.  The  person  who  succeeds  is  beyond 
the  law.  A  person  who  attempts  suicide  is  no  longer  a  criminal 
but  an  abettor  can  be  guilty  as  well  as  a  person  who  advises  the 
act,  These  are  felons  and  can  be  arrested  under  the  conditions 
governing  the  arrest  of  felons. 

Treason 

Treason  means  war.  The  person  guilty  of  treason  must  him- 
self make  a  war  on  the  State  or  adhere  to  an  enemy  at  war 
giving  aid  and  comfort.  This  is  the  only  crime  defined  by  the 
United  States  Constitution.  It  is  not  felony  but  of  a  grade 
by  itself.  It  does  not  respond  to  the  rules  governing  the  manner 
of  making  arrests  in  felony  cases.  Before  there  can  be  treason 
there  must  be  an  overt  or  open  act.  To  conspire  to  make  war 
is  not  enough. 

Treason  would  be  committed  if  persons  rose  in  a  body  to 
prevent  by  force  and  intimidation  the  enforcement  of  a  statute 


32  PRACTICAL  POLICE  WORK 

generally  against  themselves,  but  not  individually  in  a  single 
instance  and  for  a  private  purpose.  The  crime  of  treason  had 
not  been  expanded  during  the  war.  As  a  crime  against  the 
United  States  it  cannot  be  without  amendment  to  the  Constitu- 
tion. It  had  been  supplemented  by  several  Congressional  acts 
which  pass  out  of  existence  with  the  passing  of  the  war.  But 
the  crime  of  treason  both  against  the  State  and  the  United 
States  remains 

Coercion 

Policemen  should  be  careful  about  arresting  on  charges  of 
coercion.  They  generally  are  involved  in  labor  disputes  and 
hard  to  prove.  But  when  violence,  or  injury  is  threatened  against 
a  person  to  make  him  do  something  he  has  no  right  to  do  or 
abstain  from  doing  what  he  has  a  right  to  do,  when  tools  are 
taken  away  or  intimidation  used  then  the  policeman  should  use 
the  best  means  calculated  to  correct  the  condition.  The  police 
frequently  run  down  writers  of  letters  threatening  injury  to 
persons  or  property.  The  crime  is  committed  when  such  letters 
are  deposited. 

Disguise 

Police  have  to  see  that  a  permit  is  obtained  for  a  masked  ball, 
otherwise  they  are  not  to  permit  persons  to  go  about  masked. 

Sanity 

A  policeman  is  not  concerned  so  far  as  an  arrest  is  concerned 
with  the  question  of  sanity  in  the  perpetrator  of  a  crime.  Every 
body  is  presumed  to  be  sane  till  proven  insane,  so  that  while  an 
insane  person  cannot  commit  a  crime  the  police  should  arrest  the 
perpetrator  of  a  criminal  deed  and  let  it  be  proved  that  he  was 
insane.  An  exception  to  this  would  be  a  regularly  committed 
lunatic  who  had  escaped.  He  should  be  turned  back  to  the 
asylum  authorities. 

Children 

Policemen  should  be  careful  about  arresting  children  under  12. 
There  is  a  presumption  of  their  being  unable  to  commit  crime. 
It  is  true  the  presumption  may  be  removed,  but  that  does  not 


PRACTICAL  POLICE  WORK  33 

justify  an  arbitrary  arrest.  It  justifies  the  seeking  of  evidence 
to  remove  the  presumption  and  then  going  to  a  magistrate  for  a 
summons  so  that  he  may  inquire  into  their  ability  to  commit  a 
crime.  Sometimes,  however,  such  children  have  to  be  arrested 
for  their  own  good.  Children  under  seven  cannot  commit  crime. 

Trespass 

Simple  trespassing  is  not  a  crime,  but  trespassing  in  certain 
places  is  made  specially  so.  These  places  are  either  dangerous 
to  the  trespasser  or  something  is  carried  on  there  which  calls 
for  more  than  ordinary  care  in  guarding.  Trespassing  after  cer- 
tain warnings  may  become  a  misdemeanor. 

Public  Morals 

• 

Police  in  recent  years  have  had  considerable  additional  duties 
thrust  upon  them  by  the  enactment  of  laws  against  the  unre- 
stricted use  of  habit  forming  drugs.  These  laws  are  both  Fed- 
eral and  State  and  Municipal  and  have  the  same  object — the 
protection  of  the  individual  whose  mind  and  morals  would  be 
ruined  by  the  drugs.  Although  the  laws  are  for  protection  of  the 
user  it  has  been  found  necessary  to  begin  the  restriction  with 
the  producer  and  carry  them  through  all  stages  of  the  traffic 
to  those  who  sell  or  give  drugs  away.  The  drastic  character  of 
the  provisions  was  made  necessary  by  the  methods  to  which 
addicts  resort  to  procure  drugs  and  the  desperate  measures  -to 
which  trafficers  resort  to  supply  drug  fiends  with  dope. 

The  law  as  a  preliminary  forbids  the  manufacturing,  sale  or 
distribution  of  habit-forming  drugs  like  heron,  laudanum  and 
morphine  unless  by  registered  persons.  It  limits  the  persons  who 
can  register  to  doctors,  dentists,  veterinarians  and  wholesale  and 
retail  druggists.  It  defines  specifically  the  conditions  under  which 
drugs  can  be  kept  in  small  quantities  by  unregistered  persons 
and  specifies  the  amount  that  can  be  kept.  It  compels  those  deal- 
ing in  drugs  to  make  records  of  their  sales  for  preservation  and 
requires  a  prescription  to  justify  a  sale  by  a  retailer  for  general 
consumption.  It  holds  responsible  for  violations  of  the  law 
owners  of  houses  where  opium  is  smoked.  It  makes  the  pos- 
session of  stupor-forming  drugs  with  intent  to  use  them  unlaw- 
fully a  crime  and  possession  concealed  presumptive  evidence 
of  intent. 

Since  the  police  are  charged  with  the  active  enforcement  of 


34  PRACTICAL  POLICE  WORK 

this  law  they  must  learn  the  various  ways  in  which  it  is  smug- 
gled into  the  city,  the  ways  of  dealers  in  concealing  sales,  the 
methods  employed  by  runners  to  distribute  it,  the  means  of  hiding, 
the  various  ways  of  using  and  the  manner  of  recognizing  an 
addict  from  the  drug's  effect. 

A  law  enacted  in  1918  made  some  important  changes  in  the 
statute.  All  offences  against  the  law  were  made  misdemeanors, 
the  more  easily  to  get  convictions,  the  amount  to  be  prescribed 
was  generally  reduced,  physicians  and  others  registered  were 
given  greater  privileges  concerning  the  keeping  of  drugs  and 
finally  a  spcial  Department  of  Narcotics  was  created  upon  which 
the  active  duty  of  enforcing  the  law  is  imposed,  thus  making  the 
police  force  a  co-operating  body  for  the  enforcement  *of  the  law 
instead  of  being  wholy  responsible.  The  amount  of  habit-form- 
ing drugs  that  can  be  kept  without  conforming  with  the  law  is 
limited.  % 

Election  Crimes 

It  has  come  to  pass  that  about  all  policemen  are  expected 
to  do  on  election  day  is  to  preserve  the  peace  in  and  about  the 
polls.  Frequently,  however,  quarrels  arise  between  the  election 
officers  and  demands  are  made  upon  the  policeman  to  make  an 
arrest.  He  should  .  comply  only  when  the  offence  is  obvious. 
The  election  law  is  technical  and  the  chairman  of  the  board  has 
the  right  of  arrest  when  he  chooses  to  exercise  it.  In  all  technical 
offences  the  responsibility  should  be  put  up  to  him  by  the  police- 
man. Crimes  against  the  election  law  are  either  felonies  or  mis- 
demeanors. A  'few  general  rules  will  help  to  determine  which. 
These  crimes  are  committed  either  by  the  election  officer,  public 
officials  or  the  private  individual.  To  determine  whether  the 
election  officer  has  committed  a  felony  let  the  policeman  ask 
if  the  act  committed  was  one  .that  would  directly  affect  the  re- 
sult either  by  deliberately  adding  to  the  votes  or  subtracting 
from  the  legal  number.  But  if  the  act  is  one  which  may  em- 
barrass, annoy,  or  something  which  while  not  directly  affect- 
ing the  result  yet  might  have  such  an  effect^  the  offence  is  only 
a  misdemeanor.  The  same  rule  applied  will  determine  the  ex- 
tent of  a  private  person's  guilt.  //  he  registers  ivithout  having 
the  right  to,  or  votes  ivithout  being  registered,  or  wilfully  helps 
another  to  do  so,  he  is  doing  an  act  that  directly  affects  the 
honesty  of  the  vote  and  is  guilty  of  a  felony.  Any  act  that 
directly  affects  the  honest  result  is  a  felony,  but  there  are  a 


PRACTICAL  POLICE  WORK  35 

multitude  of  Regulations  provided  by  law  which  are  designed 
to  prevent  dishonesty.  The  violation  of  any  of  these,  not  di- 
rectly affecting  the  result,  is  a  misdemeanor  because  they  may; 
not  have  a  direct  bearing  on  the  result.  There  are  a  few  excep- 
tions to  this  rule  such  as  an  election  officer  knowingly  permit- 
ting fraudulent  votes  to  be  cast  which  is  only  a  misdemeanor, 
but  generally  speaking  the  rule  will  apply  to  practically  all  the 
election  offences.  Those  against  the  primary  election  law  are 
generally  misdemeanor. 

Business  Crimes 

Business  crimes  arise  where  the  person  conducting  the  busi- 
ness has  unusual  opportunities  fraudulently  to  impose  upon  his 
customers,  or  where  his  business  is  of  a  nature  that  affords  op- 
portunities for  the  commission  of  frauds.  The  doctrine  of 
caveat  emptor  puts  the  burden  on  the  customer  of  looking  out 
for  himsef  and  while  this  does  not  apply  criminally  yet  in  the 
absence  of  fraud  there  is  no  redress  for  a  bad  bargain.  There 
are  laws  regulating  banking,  insurance,  stock  dealing  and  other 
kinds  of  business  but  the  violation  of  these  is  seldom  obvious, 
seldom  a  police  matter,  because  in  the  first  place  he  would  be  un- 
able to  detect  the  commission  and  in  the  next  there  are  depart- 
ments specially  charged  with  the  enforcement  of  such  laws. 
Pawnbroking,  scond-hand  dealing  and  junk  dealing  are  however 
three  kinds  of  business  regulated  by  the  State  and  City.  They 
will  be  dealt  with  in  detail  later. 

Police  are  concerned  with  strikes  chiefly  because  they  pro- 
voke breaches  of  the  peace.  It  is  not  a  crime  to  go  on  strike  un- 
less when  the  striker  by  abandoning  a  machine  or  a  position 
jeopardizes  the  safety  of  life  or. property.  It  is  no  crime  to 
advise  strike  breakers  to  abandon  their  jobs  through  pickets,  but 
the  pickets  may  commit  crimes  by  becoming  disorderly  or  per- 
petrating assaults.  So  can  the  strike  breaker,  and  since  both 
sides  are  actuated  by  the  strongest  motives  of  self-interest  not 
to  speak  of  passion,  breaches  of  the  peace  are  almost  inevitable 
unless  the  police  are  vigilant.  Under  these  circumstances  the 
police  have  to  perform  two  of  their  fundamental  duties  to  a 
greater  extent  than  under  almost  any  other  conditions — preserve 
the  peace  and  prevent  crime.  (Every  man  preparing  for  an 
examination  should  ask  himself  numerous  questions  as  to  how, 
when,  where,  in  what  manner  the  peace  is  threatened  and  crime 


36  PRACTICAL  POLICE  WORK 

possible  and  he  should  ask  also  the  best  means  of  performing 
both  duties.) 

Policemen  are  actively  concerned  with  the  suppression  of  pros- 
titution. This  is  one  of  the  social  evils  which  cannot  be  eradicated. 
It  can  be  regulated  and  it  is  badly  regulated.  The  crime  involves 
the  offer  to  commit  the  act,  the  procurer,  the  loiterer  and  the 
common  variety.  The  crime  is  vagrancy  and  can  be  summarily 
disposed  of  in  the  magistrate's  court.  It  may  also  be  disorderly 
conduct. 

The  owners  of  certain  buildings  where  prostitution  or  gam- 
bling is  carried  on  are  liable  under  the  law  provided  they  are 
given  what  is  known  as  a  liability  notice,  -that  is  a  notice  by  the 
Captain  of  the  precinct  that  he  knows  or  has  reason  to  believe 
the  premises  are  being  used  for  s'uch  purpose.  Then  it  is  up  to 
the  owner  to  suppress  the  practice  or  incur  the  liability.  There 
are  so  many  loop  holes  of  escape  in  the  procedure  that  the  very 
greatest  care  is  necessary  to  bring  home  the  liability.  Convictions 
under  this  head  are  almost  nil. 

Extradition 

Extradition  is  the  removal  of  a  prisoner  from  a  State  to  which 
he  has  fled  back  to  the  State  where  he  is  charged  with  having 
committed  the  crime.  The  detectives'  force  has  charge  of  such 
cases. 

EXAMINATION  QUESTIONS 

Mention  all  the  conditions  under  which  a  felonious 'assault 
may  be  committed.  What  is  the  duty  of  a  policeman  when  a 
citizen  makes  the  following  complaints  to  him  on  his  post  about 
matters  none  of  which  he  saw :  A  had  maliciously  discharged  an 
airgun  at  the  complainant;  the  pellet  had  hit  him  on  the  head 
and  raised  a  lump.  B  had  cocked  a  loaded  revolver  and  threat- 
ened to  shoot  if  he  came  near;  C  had  punched  the  complainant 
on  the  body  several  times  and  seriously  hurt  him  without  leaving 
external  marks ;  D  had  been  going  about  the  streets  patting  little 
girls  on  the  head  and  giving  them  candies. 

What  are  the  essential  elements  of  larceny?  What  three 
conditions  go  towards  making  an  act  one  of  grand  or  one  of 
petty  larceny  ?  Classify  each  of  the  following  as  an  act  of  grand 
larceny,  or  petty  larceny  or  neither  and  give  reasons,  (a)  Giv- 


PRACTICAL  POLICE  WORK  37 

ing  a  bad  check  in  payment  of  a  board  bill  overdue,  (b)  Ob- 
taining a  diamond  ring  on  the  express  representation  that  you 
had  a  purchaser  therefor  willing  to  pay  $75  of  which  you  were  to 
keep  $25  and  return  $50.  You  had  no  purchaser,  but  you  pawned 
the  ring  for  $30  and  kept  the  money,  (c)  Finding  a  diamond 
ring,  knowing  the  name  of  the  owner  but  withholding  its  return 
not  for  the  purposje  of  keeping  it  but  for  the  purpose  of  getting 
a  bigger  reward,  (d)  Stealing  a  gold  -u^atch  from  a  thief  with 
the  intention  of  giving  it  to  the  true  owner  when  you  found  him. 
(e)  Taking  an  automobile  from  a  garage  without  the  consent 
of  the  owner  for  the  purpose  of  giving  the  owner's  14-year-old 
son  a  joy  ride. 

What  elements  must  be  present  to  make  a  crime  one  of 
forgery  ?  Tell  all  the  ways  in  which  the  crime  may  be  committed. 
What  action  should  a  policeman  take  and  what  care  should  he 
exercise  if  informed  by  a  man  that  a  third  party  had  signed  the 
complainant's  name  to  a  receipt  for  free  tickets  for  a  reviewing 
stand  which  were  subsequently  sold  for  $10? 

Who  may  be  convicted  of  being  disorderly  persons?  How 
are  disorderly  persons  distinguished  from  persons  guilty  of  other 
crimes,  in  the  manner  and  nature  of  the  proceedings  to  be 
brought  against  them  ?  How  are  they  distinguished  from  persons 
guilty  of  disorderly  conduct? 

Suppose  a  woman  came  to  you  on  the  street  and  said  she  was 
afraid  her  husband  would  assault  her  that  evening,  that  he  had 
threatened  to  do  so  on  leaving  her  in  the  morning  and  she  ex- 
pected him  to  carry  out  his  threat.  What  advice  and  assistance 
would  you  give  her?  What  would  be  the  full  procedure?  On 
what  theory  would  you  interfere? 

If  you  followed  a  witness  across  to  Westchester  with  a  war- 
rant for  a  misdemeanor,  issued  in  New  York  County,  what 
should  you  do  in  case  you  overtook  him  and  he  disputed  your 
right  to  arrest  him  without  having  the  warrant  endorsed  ?  Give 
reasons. 

What  is  corroborative  evidence?  In  what  class  of  cases  is 
corroborative  evidence  needed?  Why? 

Mention  the  crimes  that  come  under  this  heading. 

What  particular  care  should  a  policeman  take  when  making  an 
arrest  for  a  crime  of  this  class?  Give  reasons. 

What  three  conditions  must  be  present  before  a  crime  can  be 
compounded  ? 

A  picked  B's  pocket  of  a  gold  watch.  B  caught  and  arrested 
him,  but  not  before  he  had  passed  the  watch  to  C.  The  prisoner 


38  PRACTICAL  POLICE  WORK 

was  turned  over  to  you  and  all  started  for  the  station.  C  caught 
up  with  B,  who  was  walking  behind  you  and  the  prisoner,  but 
:soon  left.  Then  B  came  to  you  and  whispered,  "I  got  the  watch 
•back  and  a  ten  spot  for  you  to  call  it  off.  Here  it  is."  What 
should  you  do  and  under  what  authority  of  the  law  would  you 
act?  What  offence  would  you  commit  by  agreeing  to  the  propo- 
sition ? 

How  many  persons  can  be  involved  in  a  conspiracy?  What 
is  the  grade  of  the  crime?  In  what  cases  is  it  complete  as  soon 
as  an  agreement  is  made,  when  not?  What  is  an  overt  act?  In 
order  to  make  it  criminal  what  must  be  the  nature  or  character 
of  the  subject  of  the  conspiracy?  If  you  are  nervous  and  easily 
annoyed  and  two  associates  conspired  to  keep  you  in  a  state  of 
nervous  fear  and  thus  keep  you  from  doing  your  work  with 
interest,  did  they  commit  a  crime  or  not  ?  Explain  fully. 

What  particular  duties  are  imposed  upon  the  desk  officer 
when  any  of  the  following  things  happen  at  th£  station  house?: 

(a)  A  deserter  from  the  U.  S.  Army  is  brought  in.  (b)  A 
man  wanted  for  counterfeiting  in  Canada  is  brought  in.  (c)  A 
query  is  received  from  another  State  regarding  a  person  wanted 
for  a  felony  there,  but  now  in  the  precinct,  (d)  A  fire  is  reported. 

(e)  A  foreign  attache  is  brought  in  who  cannot  identify  himself, 
but  is  charged  with  having  killed  a  woman  with  his  automobile. 

(f)  A  water  main  has  burst  and  is  flooding  the  station  house. 

(g)  A  bomb   is   found  under  the  station  house  steps,      (h)  A 
public  building  is  blown  up.     (i)   A  man  shoots  himself  ifi  the 
street  outside  the  station.     If  there  are  any  duties  common  to 
each,  state  that  duty  and  don't  repeat  it ;  if  there  are  other  duties 
common  to  some  and  not  to  others  state  the  duty  and  tell  those 
to  which  it  applies. 

Discuss  with  reference  to  the  law  and  with  appropriate  ex- 
amples the  responsibility  imposed  upon  a  desk  officer  with  re- 
gard to  arraignment  before  him;  (a)  by  an  officer  and  (b) 
by  a  citizen,  telling  the  duties  imposed,  the  discretion  if  any  he 
can  exercise,  the  cases  wherein  he  has  no  discretion  and  the 
methods  he  can  use  to  relieve  himself  of  the  responsibility  for 
participating  in  an  erroneous  arrest. 


CHAPTER  III 

Procedure,  etc. 

Reasons  for  Policemen  Existing 

What  are  the  reasons  for  the  existence  of  policemen  is  a 
question  which  every  officer  of  the  law  should  ask  and  answer  as 
a  preliminary  to  an  understanding  of  his  job.  Policemen  have 
existed  throughout  the  whole  period  of  civilization  and  their  ex- 
istence is  necessary  to  keep  the  vicious  part  of  man  from  preying 
upon  the  better  part. 

Perhaps  before  men  came  to  live  together  in  communities,, 
the  savage  discovered  that  there  was  a  good  and  bad  side  to  his 
nature.  If  he  did  not  make  the  discovery  as  early  as  that,  it 
was  brought  home  to  him  as  soon  as  communal  life  began. 

Various  reasons  are  assigned  as  to  why  men  took  to  living  in 
association  "with  one  another.  It  has  been  ascribed  generally  to 
the  necessity  for  obtaining  food.  Men  then  as  now  got  their  food 
not  only  from  the  soil  but  through  preying  upon  the  lower  ani- 
mals most  of  which  were  then  wild  and  able  to  put  up  an  offensive 
and  defensive  fight.  By  combining  together  men  found  it  easier 
to  overcome  the  brute. 

Xo  sooner  was  the  communal  life  begun  than  man's  innate 
selfishness  began  to  show  itself  and  the  strong  man  quickly  dis- 
covered that  it  was  not  necessary  for  him  to  work  while  he  was 
able  to  take  away  the  food  for  which  weaker  men  had  toiled. 
He  took  it  and  gave  the  first  exemplification  of  the  triumph  of 
might  over  right.  But  the  weaker  men  asked  themselves  if  com- 
bination \\a»  a  remedy  against  the  lower  animals  why  could  it  not 
also  be  a  remedy  against  the  animal  in  man?  They  could,  how- 
ever, tell  an  animal  on  seeing  it,  but  they  could  never  tell  when 
the  animal  part  of  themselves  was  going  to  assert  itself  and  domi- 
nate the  better  part,  so  they  had  to  make  laws  defining  the  things 
which  were  wrongful  and  providing  means  of  punishment.  The 
earlier  laws  like  those  of  Draco  were  drastic  and  punished  all 

39 


40  PRACTICAL  POLICE  WORK 

violators  with  death.  Like  many  laws  of  the  present  day  which 
did  not  have  public  approval  they  failed  because  few  were  found 
guilty  of  any  crime  on  account  of  the  harshness  of  the  punish- 
ment. The  policy  of  making  the  punishment  fit  the  offence  was 
one  that  took  centuries  to  evolve. 

It  was  found  to  be  of  little  use  to  have  laws  and  kings  or 
judges  to  enforce  them  unless  there  were  persons  to  discover  if 
the  laws  were  broken  and  who  were  the  law  breakers.  The  men 
designated  as  the  King's  servants  in  this  respect  were  the  first 
policemen. 

The  disposition  to  fight  and  quarrel  was  from  the  beginning 
another  characteristic  of  men.  Although  this  disposition  is  strong- 
est where  they  live  least  together,  yet  the  opportunity  in  such  cases 
is  less.  As  congestion  increases,  friction  increases.  Friction  de- 
velops irritations  and  irritations  lead  to  quarrels  and  breaches  of 
the  peace.  The  necessity  for  policemen  to  prevent  this  grows  in 
greater  proportion  than  the  growth  of  the  congested  area. 

Since  wars,  feuds  and  private  quarrels  are  the  natural  out- 
come of  the  strivings  of  men  with  each  other  and  since  these 
quarrels  are  not  prevented  by  education,  religion  or  any  known 
agency  and  since  fear  of  punishment  has  been  found  to  be  the 
greatest  deterrent,  laws  are  necessary  to  prescribe  punishments, 
and  the  existence  of  policemen  to  discover  crimes  and  their  perpe- 
trators will  always  be  necessary  to  civilized  society.  * 

Modern  Functions  of  Police 

The  detailed  functions  of  policemen  have  varied.  Now  they 
preserve  the  peace,  prevent  crime,  protect  life  arid  property,  en- 
force laws  and  ordinances,  and  detect  and  arrest  violators  of  the 
law.  These  duties  they  perform  by  means,  of  aid  or  advice,  ad- 
monition or  warning,  the  service  of  a  summons,  and  the  making 
of  arrest. 

Aid  and  advice  are  given  to  every  trivial  offender,  ignorant  of 
wrong-doing,  admonition  and  warning  to  offenders  in  trivial  cases 
when  by  that  means  the  condition  can  be  remedied  and  its  repe- 
tition prevented ;  a  summons  is  served  in  more  serious  cases 
when  it  serves  the  same  purpose  as  an  arrest,  and  the  offence  is 
still  petty.  An  arrest  is  made  when  the  crime  is  a  felony  or  a 
serious  misdemeanor. 

What  is  a  crime? 

A  crime  is  an  act  or  omission  prohibited  by  law,  punishable 


PRACTICAL  POLICE  WORK  41 

upon  conviction  by  death,  imprisonment,  fine,  civil  disability  or 
other  penal  discipline. 

The  Legislature  can  enact  a  reasonable  law  making  anything 
a  crime  which  is  against  the  public  welfare. 

A  Crime  is  a  public  wrong,  triable  in  the  criminal  courts,  the 
purpose  being  to  punish  the  defendant,  make  him  suffer,  and 
thereby  deter  him  from  again  offending,  as  well  as  to  give  an 
example  to  others  so  that  they  will  not  offend. 

A  Tort  is  a  private  wrong,  triable  in  the  civil  courts,  the 
theory  being  to  compensate  the  complainant. 

There  is  a  lot  of  things  that  are  both  private  wrongs  and 
crimes.  A  man  who  unlawfully  hits  another  on  the  nose  or  dam- 
ages another's  property,  etc.,  may  be  punished  in  a  criminal  pro- 
ceeding for  the  public  wrong,  and  punished  also  by  paying  dam- 
ages or  forfeiting  property  to  the  person  injured  by  the  private 
wrong. 

What  constitutes  a  Crime  ? 

Generally  speaking  there  cannot  be  a  crime  unless  there  is  an 
act  -of  omission  or  commission  coupled  with  criminal  intent. 
Examples : 

Black,  while  intoxicated,  mistook  White's  house  for  his 
own  and  broke  into  it.  His  act  without  the  criminal  intent 
did  not  constitute  a  crime. 

Black,  who  on  the  day  of  a  public  election  was  21  years  of 

age,  believing  he  was  only  20,  voted  and  stated  that  he 

was  21.     His  criminal  intent  without  the  unlawful  act 

did  not  constitute  a  crime. 

Where  the  doing  of  a  particular  act  or  its  omission  is  made 

a  crime,  however,  the  intent  is  immaterial. 
Examples : 

Blew,  a  bartender,  sold  a  pint  of  beer  to  a  1 7-year-old  boy, 
believing  him  to  be  21.  His  act  constituted  a  crime  be- 
cause the  law  prohibited  the  sale  to  a  person  under  18. 
Blew,  operating  a  motor  vehicle  at  night,  unintentionally 
omitted  to  display  proper  lights.  His  act  constituted  a 
crime  because  the  law  required  that  lights  be  displayed. 

Division  of  Crime 

A  crime  is  either  a  Felony  or  a  Misdemeanor. 
A  felony  is  a  crime  punishable  by  death,  or  imprisonment  in 
a  State's  prison.    A  misdemeanor  is  a  crime  less  than  a  felony  and 


42  PRACTICAL  POLICE  WORK 

is  punishable  by  imprisonment  elsewhere  than  in  State's  prison  or 
by  a  fine. 

Three  classes  of  persons  are  equally  guilty  of  crime:  The 
actual  perpetrator,  the  planner  or  procurer,  and  the  aider  and 
abettor. 

Examples : 

Black  hires  Redd  and  Brown  to  kill  White  and  gives  them 
a  gun.  Redd  kills  White  while  Brown  keeps  watch  to 
see  that  he  is  not  detected.  Black,  Redd  and  Brown  are 
equally  guilty  of  homicide. 

An  accessory  is  a  person  who  comes  into  the  crime,  if  a 
felony,  after  its  commission  by  harboring,  concealing  or  aiding 
the  offender  with  the  intent  that  he  escape  arrest,  trial,  convic- 
tion or  punishment.  Knowledge  of  the  liability  of  the  person 
aided  or  reasonable  grounds  to  believe  it,  is  necessary  to  make  the 
accessory  guilty. 

Examples : 

In  the  foregoing  case  if  Frank  concealed  Redd  after  escap- 
ing,   knowing   that    he    was    wanted    for   the   killing   of 
White,  Frank  would  be  an  accessory. 
In  misdemeanor  cases  all  concerned  are  principals. 

Example : 

If  Black  committed  a  misdemeanor  and  to  escape  from  a 
pursuing  policeman,  hid  in  Brown's  barber  shop,  Brown 
would  be  a  principal  in  the  crime  if  he  knew  of  Black's 
act  and  harbored  him  to  escape  arrest. 

Attempt  to  Commit  a  Crime 

When  an  effort  is  made  to  commit  a  crime  and  failure  fol- 
lows, it  is  an  attempt  to  commit  a  crime. 

Examples : 

If  Black  put  his  hand  in  White's  pocket,  intending  to  steal 
a  pocketbook,  but  withdrew  it  through  fear  of  detection, 
without  moving  the  pocket  book,  Black  would  be  guilty 
of  an  attempt  to  pick  White's  pocket. 

If  Black  intending  to  commit  arson  spilled  kerosene  oil  on 
the  floor  of  the  building  he  intended  to  burn  but  was  de- 
tected before  applying  the  light  he  would  be  guilty  of 
Attempted  Arson. 


PRACTICAL  POLICE  WORK  43 

Arrests 

An  arrest  is  the  taking  of  a  person  into  custody  that  he  may 
be  held  to  answer  for  a  crime. 

A  person  is  put  under  arrest  through  restraint  or  by  volun- 
tary submission.  When  either  condition  exists  it  is  a  crime  for 
the  arrested  person  to  escape,  but  one  of  them  must  exist. 

Arrests  are  made  either  under  the  authority  of  a  warrant  or 
under  the  general  authority  of  law.  Warrants  are  issued  by 
persons  having  the  authority  of  a  Magistrate  both  in  felony  and 
misdemeanor  cases.  In  felony  cases  they  are  issued  when  the 
commission  of  the  crime  is  not  obvious;  in  misdemeanor  cases 
under  the  same  circumstances  and  also  when  an  arrest  was  not 
made  at  the  time  of  commission.  Arrests  can  be  made  both  by 
peace  officers,  and  by  private  persons.  Policemen  are  peace  offi- 
cers. Both  may  arrest  when  the  crime  is  committed  in  their 
presence,  i.  e.,  first  in  their  sight;  second  in  their  hearing;  third 
in  continuous  crimes  as  where  a  man  is  carrying  a  watch  he 
stole. 

Policemen  and  civilians  may  also  arrest  a  person  who  has  com- 
mitted a  felony  even  though  he  did  not  commit  it  in  their  pres- 
ence. Sometimes  one  person  will  falsely  charge  another  with 
the  commission  of  a  felony,  but  even  though  the  charge  is  false 
a  policeman  acting  in  good  faith  would  be  justified  in  arresting 
the  person  charged  if  there  be  corroborating  circumstances.  He 
should,  however,  before  assuming  to  make  the  arrest,  make  such 
diligent  inquiry,  touching  the  truth  of  the  charge,  as  the  occasion 
will  permit.  Official  intelligence  from  within  or  without  the 
State ;  circumstances  from  which  the  fact  may  be  deduced ;  open 
and  notorious  knowledge  by  the  public  have  all  been  held  to  be 
knowledge  sufficient  to  justify  the  arrest.  There  is  no  well  de- 
fined line  to  follow.  The  policeman  must  use  common  sense,  and 
when  he  does  so  no  jury  will  mulct  him  in  damages  for  trying  to. 
do  his  duty. 

Examples : 

White,  a  reliable  person,  charges  Black  with  robbing  him  and 

states  evidential  facts  which  constitute  a  robbery. 
The  Chief  of  the  Chicago  Police  Department  telegraphs  to 
the  New  York  police  to  arrest  Black  for  robbery.    A  gen- 
eral alarm  is  sent  out  for  Black  who  is  wanted  for  robbery. 

The  police  can  arrest  when  a  felony  has  been  committed,  and 
they  have  reasonable  grounds  to  believe  that  the  person  arrested 
committed  it,  even  though  lie  did  not.  Civilians  cannot  arrest 


44  PRACTICAL  POLICE  WORK 

on  suspicion.  What  is  the  nature  of  the  reasonable  grounds  that 
would  justify  a  policeman  in  making  an  arrest  when  a  felony 
has  been  committed?  Facts,  circumstances,  and  conditions  how- 
ever trivial  that  would  lead  a  reasonable  man  to  come  to  a  like 
conclusion. 
Example : 

White's  store  was  broken  into  and  robbed  and  Black  was 
seen  coming  out  of  the  alleyway  adjoining  the  store  the 
night  of  the  burglary.  Black  could  be  arrested,  though 
innocent.  He  was  simply  unfortunate  in  being  in  that 
place  at  that  time. 

In  the  night  time  the  police  can  arrest  under  certain  circum- 
stances, when  they  have  reason  to  believe  a  person  committed  a 
felony.    This  provision  has  never  been  made  clear  by  the  courts. 
Example : 

If  Black  were  found  by  a  policeman  in  the  night  time  carry- 
ing a  bag  of  silverware  which  he  couldn't  account  for  and 
which  appeared  to  be  the  proceeds  of  a  burglary,  the 
policeman  would  be  justified  in  taking  Black  to  the  sta- 
tion house  for  investigation,  a  prisoner  If  necessary,  and 
if  Black  could  not  satisfy  the  desk  officer  that  lie  ob- 
tained such  property  lawfully,  he  could  be  charged  with  a 
£,  known  burglary  that  it  was  reasonable  to  believe  he  had 

committed. 

There  is  no  distinction  between  a  peace  officer  without  a 
warrant  and  a  private  person,  in  respect  to  the  right  to  arrest  for 
a  misdemeanor.  The  courts  have  held  that  where  an  arrest  may 
be  made  by  a  policeman  without  a  warrant  it  need  not  be  made  at 
the  very  time  of  the  commission  of  the  crime  charged,  but  may 
be  made  in  a  reasonable  time  thereafter.  The  reasonableness  of 
the  lapsed  time  depends  upon  circumstances. 

Civilians  who  fail  to  make  an  arrest  at  the  time  of  the  com- 
mission of  a  misdemeanor,  should  be  instructed  to  apply  for  a 
warrant,  if  they  know  the  offender. 

Although  an  arrest  can  be  made  by  a  civilian  as  well  as  by  a 
policeman,  the  civilian  is  required  to  take  his  prisoner  before  a 
magistrate  or' to  turn  him  over  to  a  policeman  without  any  un- 
necessary delay. 

The  policeman  to  whom  a  prisoner  is  turned  over  must  take 
him  to  the  station  house.  This  is  required  for  the  purpose  of 
preventing  such  things  as  a  breach  of  the  peace,  compounding 
of  crimes,  and  for  the  protection  of  the  arresting  civilian.  When 
such  a  thing  occurs,  the  officer  is  to  invite  the  civilian  to  go  along 


PRACTICAL  POLICE  WORK  45 

and  make  the  complaint.  Should  he  refuse  to  do  so  or  identify 
himself  to  the  officer,  the  latter  may  insist,  and  in  case  of  absolute 
refusal  to  do  either,  the  complainant  would  be  subject  to  a 
charge  of  disorderly  conduct.  In  making  an  arrest  force  neces- 
sary to  compel  submission  can  be  used  both  by  a  civilian  and  po- 
liceman, but  no  more  force  than  is  necessary.  If  the  offender  be 
charged  with  a  felony  the  officer  may  even  under  extreme  circum- 
stances take  his  life  to  prevent  his  escape;  if  he  be  charged  with  a 
misdemeanor  such  extreme  force  cannot  be  resorted  to. 

To  effect  an  arrest  when  the  right  to  arrest  exists,  doors  can 
be  broken,  even  in  misdemeanor  cases,  after  a  demand  for  ad- 
mittance into  a  building  has  been  refused.  This  is  true,  whether 
the  arrester  is  an  officer  or  civilian.  Doors  can  also  be  broken 
if  the  prisoner  escaped  and  took  refuge  in  a  building. 

Warrants  are  issued  by  magistrates  and  executed  by  peace 
•officers.  Magistrates  include  the  Mayor  as  well  as  the  Judges  of 
all  Courts  having  criminal  jurisdiction.  Peace  officers  include 
policemen,  sheriffs,  and  their  principal  deputies,  on  all  occasions, 
and  special  officers  in  the  execution  of  their  particular  duties,  such 
as  attendance  officers,  officers  of  the  children's  and  animal's  so- 
cieties ;  Health  Department  inspectors,  probation  officers.  Out- 
side of  New  York  City  there  are  other  peace  officers,  such  as  game 
wardens,  marshals  and  constables. 

Outside  of  New  York  City,  warrants  are  to  be  returned  to 
and  prisoner  arraigned  before  the  magistrate  issuing  the  warrant 
if  possible.  In  New  York  City  they  go  to  the  particular  court 
from  which  they  were  issued. 

A  warrant  issued  by  a  magistrate  of  a  county  cannot  be  served 
in  another  county  without  being  endorsed  by  a  magistrate  of  the 
second  county.  If  issued  by  a  judge  of  a  State  court,  endorse- 
ment is  unnecessary.  Any  warrant,  however,  issued  by  a  magis- 
trate in  New  York  City  can  be  executed  in  any  county  within 
New  York  City. 
Example : 

If  Justice  of  the  Peace  Smith  of  Yonkers  issued  a  warrant 
for  Black  he  should  not  be  arrested  on  it  in  New  York 
County  unless  it  was  endorsed  for  service  by  a  magis- 
trate here.     If,  however,  it  .was  not  endorsed  until  the 
day  after  the  arrest  it  would  be  a  mere  irregularity  and 
not  an  unlawful  arrest.     If  Black  were  charged  with  a 
felony  and  it  was  impracticable  to  get  the  warrant  en- 
dorsed, he  could  be  arrested  without  the  warrant. 
Bench  warrants  are  issued: 


46  PRACTICAL  POLICE  WORK 

1.  After  an  indictment. 

2.  When  the  prisoner  does  not  appear  for  trial,  his  surety 
has  died  or  bail  is  insufficient. 

Bench  warrants  act  as  a  commitment  and  the  prisoner  ar- 
rested under  one  should  be  taken  to  prison  immediately  as  a 
desk  officer  cannot  accept  bail.  If  the  arrest  is  for  a  felony, 
there  is  no  exception  to  this  procedure,  but  if  for  a  misdemeanor, 
he  may  be  taken  before  a  magistrate  on  demand  for  admission 
to  bail. 

When  making  an  arrest  on  a  warrant,  an  officer  must  state  his 
authority  and  show  the  warrant  if  requested.  He  can  break  into 
a  building  to  execute  it  after  announcing  his  purpose,  being  re- 
fused, and  upon  giving  notice  of  his  intention.  He  may  call  upon 
any  person  for  assistance  and  make  an  arrest  for  refusal  to  help. 

Arrests  Generally 

In  Domestic  Relations  cases  concerning  non-support  of  a 
wife,  certificates  of  the  issuance  of  a  warrant  are  given  out  to 
the  person  applying  for  them.  On  the  strength  of  these  certifi- 
cates, policemen  make  arrests  when  the  person  named  is  pointed 
out  and  identified  by  the  authorized  bearer  of  the  certificate 
whether  within  or  without  a  building.  The  policeman  is  not  jus- 
tified, however,  in  breaking  into  a  building  upon  mere  information 
of  the  presence  of  the  accused  who  must  be  pointed  out  and 
identified. 

A  Magistrate  has  the  right  to  order  an  arrest  orally  or  in, 
writing  for  any  offence — felony  or  misdemeanor — committed  in 
his  presence  and  a  policeman  should  obey  such  order  or  serve  a 
summons  if  ordered  whether  he  saw  the  offence  committed  or  not. 

A  person  who  has  been  adjudged  an  habitual  crinnnal  can  be 
arrested  as  a  disorderly  person  or  have  his  house  searched  any 
time  he  is  acting  in  a  suspicious  manner.  "Habitual  Criminal"  is 
a  judgment  that  can  be  imposed  after  conviction  upon  a  person 
already  convicted  in  this  State  five  times  of  misdemeanor,  or  after 
conviction  of  a  felony,  provided  he  has  been  convicted  here  be- 
fore of  some  other  crime. 

An  inspector  of  election  on  election  day  may  give  a  written 
order  for  the  arrest  of  a  person  annoying  or  interfering  with  the 
election  officials  and  the  policeman  should  arrest  even  though  he 
did  not  see  the  offence.  He  should  take  the  prisoner  at  once  be- 
fore the  nearest  magistrate,  first  allowing  him  to  vote. 

United  States  Army  deserters  are  arrested  when  proclaimed 


PRACTICAL  POLICE  WORK  47 

deserters  by  the  army.  This  is  not  usually  done  until  after  an 
absence  of  more  than  ten  clays.  They  are  sent  to  the  nearest  army 
post  within  the  city.  Civilians  should  not  make  such  arrests. 

Prisoners  on  parole  are  subject  to  arrest  if  they  violate  the 
terms  upon  which  they  were  paroled.  Warrants  for  their  arrest 
are  issued  by  the  Board  of  Parole  or  the  reformatory  managers 
and  can  be  executed  either  by  parole  officers  or  policemen.  When 
the  Department  has  been  notified  of  the  issuance  of  such  a  war- 
rant, any  policeman  may  and  should  make  the  arrest.  .Such  a 
prisoner  can  be  locked  up  until  the  prison  authorities  call  and 
take  him.  Court  procedure  is  not  necessary.  The  Board  of  Man- 
agers of  the  House  of  Refuge  and  of  Elmira  Reformatory  have 
charge  of  the  paroling  and  arresting  of  their  own  prisoners.  The 
Board  of  Parole  has  charge  of  the  cases  belonging  to  the  New 
York  City  Reformatory,  the  Workhouse  and  the  Penitentiary. 

A  material  witness  is  not  arrested  in  the  ordinary  sense.  He 
is  taken  into  custody  in  certain  instances  when  the  case  is  serious 
and  the  witness  not  responsible.  There  is  no  Code  authority  for 
the  procedure  but  there  is  long  usage  to  justify  it.  It  should  not 
be  resorted  to  when  the  witness  is  willing. to  tell  what  he  knows 
to  competent  authority.  He  should,  however,  be  safeguarded 
until  he  has  done  so. 

A  peace  officer  who  saw  a  misdemeanor  committed  can  di- 
rect another  peace  officer  to  take  the  prisoner  into  custody.  The 
first  peace  officer  is  the  arresting  party. 

Arrest  by  Surety 

A  bondsman  is  the  custodian  of  the  prisoner  for  whom  he  is 
•surety.  He  can  at  any  time  before  such  prisoner  is  finally  charged 
arrest  and  surrender  him  into  the  custody  of  the  official  to  whom 
he  had  been  committed,  or  authorize  another  in  writing,  upon  a 
certified  copy  of  the  undertaking  to  do  so.  A  copy  of  the  under- 
taking must  accompany  the  surrender.  A  policeman  should  not 
arrest  a  person  on  bail  unless  he  receives  proper  written  authority 
from  the  bondsman,  and  then,  usually,  only  when  the  bondsman 
is  unable  to  effect  the  surrender.  Policemen  should,  however, 
give  all  reasonable  assistance  to  bondsmen  who  are  surrendering 
prisoners. 

Foreign  Representatives 

Ambassadors  an  1  ministers  representing  other  countries  in  the 


48  PRACTICAL  POLICE  WORK 

United  States  are  exempt  from  trial  and  punishment  here.  This 
exemption  extends  to  their  household  which  includes  secretaries 
and  servants.  The  names  of  such  household  is  on  file  with  the 
Secretary  of  State  at  Washington.  When  any  of  them  commit 
a  crime  they  are  to  be  returned  to  their  own  country  for  pun- 
ishment. 

When  the  crime  committed  by  an  Ambassador  or  a  member  of 
his  household  is  felonious  he  should  be  arrested  in  order  that  he 
may  be  Burned  over  by  a  Magistrate  to  his  embassy.  As  a  matter 
of  policy,  when  it  is  a  misdemeanor  no  arrest  should  be  made. 
The  name  of  the  offender  should  be  taken  instead  and  reported. 

The  immunity  granted  to  members  of  a  foreign  legation  does 
not  extend  to  consuls  who  are  commercial  agents. 

High  Seas 

Crimes  committed  on  the  high  seas  are  punishable  by  the 
country  under  whose  flag  their  ship  was  sailing.  The  police 
should  interfere  in  such  cases  only  at  the  request  of  the  master. 
Crimes  committed  within  the  territorial  three-mile  limit  are  pun- 
ishable in  this  country  as  a  general  rule  even  though  the  ship  be 
under  a  foreign  flag.  This  is  sometimes  modified  by  treaty. 
When  such  crimes  occur,  as  a  general  rule,  a  policeman  can  go 
aboard  the  vessel  and  make  the  arrest  whether  the  master  of  the 
ship  like  it  or  not. 

The  commanders  of  Naval  vessels  of  foreign  countries  in  this 
harbor  have  jurisdiction  over  crimes  committed  on  their  vessels 
but  not  of  crimes  committed  by  their  men  on  shore. 

A  man  who  commits  a  felony  in  another  State  and  flees  to  this 
State  is  subject  to  arrest  under  the  same  conditions  as  if  he  had 
committed  the  crime  within  this  State. 

Statute  of  Limitations 

There  is  no  Statute  of  Limitations  in  homicide  cases.  In 
other  felony  cases  the  time  within  which  an  arrest  can  be  made  un- 
less an  indictment  is  found  is  five  years.  In  misdemeanor  cases  the 
limit^  is  two  years,  excluding  such  time  as  the  offender  may  be  a 
refugee  outside  the  limits  of  the  State.  Either  county  has  juris- 
diction of  a  crime  committed  on  the  border  within  500  yards  of 
the  line.  A  person  committing  a  crime  on  a  train  or  boat  that 
passes  through  several  counties  may  be  tried  in  any  one  of  them. 


PRACTICAL  POLICE  WORK  49 

Judges  and  lawyers  while  sitting  in  or  trying  a  case  in  court 
are  exempt  from  arrest  while  court  is  being  held. 

An  escaped  prisoner  is  always  subject  to  be  retaken  within 
the  State  by  the  person  from  whom  he  escaped. 

Neglect  to  Arrest 

To  neglect  to  make  an  arrest  when  arrest  is  the  proper  remedy, 
subjects  a  policeman  to  punishment  as  a  misdemeanant.  When  an 
arrest  is  made  the  prisoner  must  be  taken  without  delay  to  the 
nearest  Magistrate.  The  arrest  is  also  to  be  made  known  to  the 
policeman's  superior  who  makes  it  known  to  the  police  commis- 
sioner within  twenty-four  hours.  If  court  is  not  in  session  the 
prisoner  is  to  be  detained  or  bailed  pending  the  next  sitting  of 
the  court. 

To  refuse  to  make  an  arrest  when  ordered  to  by  a  Magis- 
trate renders  the  person  refusing  liable  to  punishment  for  a  mis- 
demeanor. The  same  liability  attaches  to  a  person  who  refuses 
to  aid  a  policeman  in  arresting  or  retaking  a  prisoner. 

Summons 

A  summons  is  a  Magistrate's  written  order  commanding  the 
person  addressed  to  appear  in  court  in  answer  to  a  charge.  A 
peace  officer  or  any  person  can  serve  it.  It  is  also  used  as  a  means 
of  inquiry  as  to  whether  or  not  a  crime  had  been  committed. 

A  summons  is  served  on  an  individual  by  delivering  it  to  him, 
on  a  corporation  by  delivering  a  copy  to  a  responsible  officer  or 
person  in  a  managerial  position,  after  showing  the  original. 

Instead  of  ordering  a  peace  officer  to  bring  in  a  prisoner  as  a 
warrant  does,  a  summons  commands  the  accused  to  come  and 
answer.  Some  are  issued  in  blank  by  the  board  of  city  magis- 
trates to  policemen  and  special  officers  in  the  city  employ,  over  the 
name  of  the  Chief  Magistrate.  They  are  filled  in  by  the  serving 
officer  and  returnable  within  forty-eight  hours  after  issuance. 
The  manner  in  which  police  use  and  serve  them  is  regulated  by 
rules  of  the  department. 

Rescue 

i 

To  rescue  a  prisoner  from  lawful  custody,  charged  with  a 
felony  is  itself  a  felony.  To  rescue  one  charged  with  a  misde- 


50  PRACTICAL  POLICE  \YORK 

meaner  is  itself  a  misdemeanor.    This  is  true  whether  or  not  the 
prisoner  has  been  convicted. 

Escape 

When  a  prisoner  escapes  and  is  recaptured  he  must  serve,  not 
the  time  that  is  to  elapse  from  the  date  of  his  recapture,  but  that 
which  was  to  elapse  after  the  date  of  his  escape. 

It  is  felony  for  a  prisoner  charged  with  felony  to  escape  from 
prison  or  custody  by  force  or  fraud  ;  a  misdemeanor  if  held  for  a 
misdemeanor.  In  the  same  way  a  person  who  aids  in  bringing 
about  the  escape  of  a  prisoner  from  prison  or  custody  is  guilty 
of  felony  or  misdemeanor  according  to  whether  the  prisoner  is 
held  on  one  or  the  other  charge.  This  is  true  even  though  the 
escape  has  not  been  effected  or  even  attempted  directly. 

An  officer  who  wilfully  and  corruptly  lets  a  prisoner  escape 
from  jail  or  custody  is  guilty  of  a  felony.  For  any  other  reason 
such  as  negligence  he  is  guilty  of  a  misdemeanor.  In  addition  to 
other  punishment  he  forfeits  his  office,  and  is  forever  disquali- 
fied from  holding  public  office  in  this  State. 

A  ministerial  officer  such  as  a  sheriff  or  subordinate  who 
takes  anything  in  the  nature  of  pecuniary  reward  for  helping  or 
conniving  at  the  escape  of  xa  prisoner  is  guilty  of  a  misdemeanor 
even  though  the  escape  did  not  take  place. 

One  who  harbors  an  escaping  prisoner  is  guilty  either  of 
felony  or  misdemeanor  according  to  the  nature  of  the  crime  with 
which  the  escaping  prisoner  was  charged. 

Search  Warrant 

A  search  warrant  was  originally  issued  by  a  Magistrate  to  a 
peace  officer  to  enable  him  to  search  for  stolen  property.  There 
are  three  cases  in  which  it  is  now  issued : 

1.  When  the  property  was  stolen  or  embezzled. 

2.  When  the  property  was  used  as  a  means  of  committing  a 
felony. 

3.  When  the  property  is  to  be  used  to  commit  a  public  offence. 
In  all  cases  the  property  may  be  taken  from  the  premises  where 
found  or  from  the  person  of  any  body  having  it  in  his  possession. 
Within  the  city  and  county  of  New  York  the  warrant  is  returna- 
ble in  five  days ;  in  other  counties  in  ten  days. 

The  property  concerned  and  the  building  suspected  must  be 
<lesi^nated  with  great  particularity  as  well  as  the  reasons  why  it  is 


PRACTICAL  POLICE  WORK  51 

believed  to  be  in  such  place  before  a  Magistrate  will  issue  a 
search  warrant. 

A  search  warrant  carries  with  it  the  power  on  the  part  of  the 
executing  officer  to  break  into  a  building  when  admittance  had 
been  refused.  Property  taken  must  be  receipted  for  in  detail 
and  the  receipt  left  on  the  premises  if  nobody  be  there. 

The  officer  executing  a  search  warrant  must  return  it  at 
once  to  the  Magistrate  after  execution  with  a  true  inventory  and 
an  affidavit  that  it  is  true.  Unnecessary  severity  in  executing  it  is 
a  misdemeanor. 

BAIL 

Procedure  in  Accepting  Bail  in  Police  Stations 

A  desk  officer  is  not  empowered  to  take  bail  if  prisoner  be: 
Charged  with  a  felony,  except  a  trainman  on  a  train  or  street 
car  arrested  even  for  a  felony,  arising  from  an  accident  in 
connection  with  the  operation  of  his  train  or  car,  resulting  in  an 
injury  or  death  to  a  person,  or  injury  to  property.  If  court  is  not 
open,  the  desk  officer  may  bail  such  person  in  the  sum  of  one 
thousand  ($1000.00  dollars)  or  in  his  discretion  parole  him  to 
appear  in  court  on  his  personal  recognizance,  or,  charged  with  a 
misdemeanor,  when  his  case  has  been  already  presented  to  a 
Magistrate,  or,  charged  with  violation  of  parole,  or,  intoxicated 
and  unable  to  understand  the  proceedings.  If  a  prisoner,  even 
though  partly  intoxicated,  be  able  to  understand  the  proceedings, 
he  may  be  admitted  to  bail,  when  able  to  take  care  of  himself  if 
bailed,  or  provided  some  relative  or  friend  is  present  and  will 
assume  responsibility  for  his  safety,  or,  a  fugitive  from  justice 
from  another  State,  or,  charged  with  Bastardy,  or,  charged  with 
being  a  Deserter  from  the  U.  S.  Army,  Navy,  or  Marine  Corps,  or 
under  16  years  of  age,  and  charged  with  improper  guardianship, 
arrested  on  a  bench  warrant. 

The  misdemeanant,  as  a  rule,  must  come  before  the  desk 
officer  on  an  original  arrest  under  the  State  or  local  law. 

Amount  of  Bail  Required 

Prisoner  charged  with : 

(a)  A  Misdemeanor $500.00 

(b)  Violation  of  Corporation  ordinance  punishable 

by  fine  only,  double  the  amount  of  the  largest 


52  PRACTICAL  POLICE  WORK 

fine  that  could  be  imposed. 

(c)  Violation  of  Corporation  Ordinance  punishable 

by  a  fine  or  imprisonment loo.oo 

(d)  Violation  of  Corporation  Ordinance  punishable 

by  imprisonoment  for  30  days  or  less 200.00 

(e)  Violation  of  the  Motor  Vehicle  Law  (except  Fel- 

ony or  Intoxication)   100.00 

(f)  If  a  child  under  16  is  arrested,  charged  with  ju- 

venile delinquency,  the  personal  recognizance, 
in  writing  of  the  parent  or  guardian  may  be 
accepted,  in  lieu  of  bail.  This  recognizance, 
however,  usually  is  not  taken  if. such  child  is 
the  victim  of  a  crime  or  witness  to  its  com- 
mission by  another. 

Defendant  May  Bail  Himself 

A  defendant  may  be  admitted  to  bail  on  his  personal  under- 
taking if  he  deposits  as  security,  accompanied  by  an  oath  of  own- 
ership, the  necessary  amount  of  money,  or,  liberty  bonds,  or 

(a)  Property  other  than  money  which  is  worth  the  amount 
of  security  required,  or, 

(b)  His  pushcart,  if  charged  with  a  violation  of  the  ordi- 
nance relative  to  peddling,  or, 

(c)  His  bicycle,   if  charged   with   a   violation'  of  the  ordi- 
nance relative  to  bicycle  riding,  or, 

(d)  His   motor   vehicle,    if   charged    with   violation   of   the 
motor  vehicle  law  (except  Felony),  or, 

(e)  A  motor  vehicle,  with  the  written  consent  of  its  rightful 
owner,  who  must  be  present,  if  charged  with  a  violation 
of  the  motor  vehicle  law  (except  Felony). 

NOTE:  If  a  defendant  be  charged  with  a  violation  of  a 
Corporation  Ordinance,  punishable  by  30  days'  imprison- 
ment, or  less,  he  may  be  paroled  on  his  promise  to  appear 
before  the  Magistrate  at  the  time  specified. 

Qualification  of  Surety 

A  surety  who  offers  bail  for  a  prisoner,  must  qualify  under 
oath,  as  follows,  and  be 

(a)  A  resident  of  the  State. 

(b)  Not  Policeman,  Warden,  or  Prison  Keeper,  or  an  attor- 
ney practicing  in  the  Courts  of  this  State. 


PRACTICAL  POLICE  WORK  53 

(c)     Worth  the  amount  of  the  undertaking,  exempt  from  all 
execution. 
He  must  execute  the  bond  in  the  presence  of  defendant. 

Security  That  May  Be  Accepted 

(a)  Real  Estate  located  in  New  York  State 

(b)  Stock  and  fixtures,  household  furniture,  usually  located 
in  county  where  bail  is  effective. 

(c)  Money  or  other  personal  property  if  deposited  in  the 
station  house. 

d)  A  surety  company  if  a  resolution  of  its  Board  of  Direc- 
tors authorize  its  officers  or  attorneys  to  bail  persons. 
A  certified  copy  of  this  resolution  must  be  filed  with 
the  undertaking. 

NOTE :  Under  the  strict  letter  of  the  law  all  property  other 
than  real  estate  offered  as  security  should  be  deposited 
in  the  station  house.  Such  security  is  taken,  however,  as  a 
matter  of  police  procedure. 

Disposition  of  Security  Deposited  in  Station  House 

Security  that  can  be  easily  transported  must  be  taken  to  Court 
*when  prisoner  is  arraigned  and  delivered  to  owner  by  Magis- 
trate's order. 

Security  that  cannot  be  conveniently  transported  is  kept  in  the 
station  house  and  turned  over  to  its  owner  upon  Magistrate's 
order. 

Security  deposited  in  the  station  house  and  not  turned  over  to 
•owner,  is  delivered  to  the  Property  Clerk  of  the  Police  Depart- 
ment, unless  otherwise  directed  by  the  Magistrate. 

Questions  on  Bail 

Q.     Could  a  defendant  give  his  personal  undertaking  and  offer 

as  security  real  estate  owned  by  him  ? 
A.     No — A  defendant  who  bails  himself  must  deposit  money 

or  other  personal  property  in  the  station  house — if  such 

is  required,  and  make  affidavit  to  the  effect  that  he  is 

the  sole  -owner  of  such  property. 
'O.     If  a  person  be  charged  with   several  misdemeanors,  is 

separate  bail  required  in  each  case? 


54  PRACTICAL  POLICE  WORK 

A.  Yes — for  instance,  if  charged  with  five  petit  larcenies,, 
the  amount  of  bail  required  is  $2500.00. 

Q.  If  a  surety  offered  real  estate  as  bail,  could  the  desk 
officer  refuse  it  because  the  deeds  are  not  presented,  or 
because  he  was  doubtful  of  the  surety's  ownership,  or 
the  amount  of  his  equity? 

A.  No — If  the  surety  is  in  other  respects  qualified,  and  then 
properly  identifies  himself  and. makes  affidavit  to  the  desk 
officer  as  to  the  ownership  of  the  equity,  the  desk  officer 
is  required  to  accept  the  security  offered.  If,  however,  the 
surety  is  unable  to  identify  himself,  or  the  desk  officer  has 
good  grounds  to  believe  that  his  title  to  the  property  or 
equity  in  it  is  not  good  and  sufficient,  such  bail  may  be 
refused. 

Q.  If  a  surety  offer  personal  property,  such  as  stock  and  fix- 
tures, which  he  does  not  deposit  in  the  station  house,  could 
the  desk  officer  refuse  to  accept  such  security  if  doubt- 
ful as  to  its  value? 

A.  Yes — Where  personal  property  is  offered,  either  by  de- 
fendant or  surety,  the  desk  officer  may  refuse  if  he,  in 
good  faith,  be  doubtful  as  to  its  value,  or  if  the  person 
offering  it  refuse  to  make  affidavit  that  he  is  the  owner. 

Q.  If  a  surety  offers  real  property  and  be  of  unsatisfactory 
reputation,  can  the  desk  officer  refuse  to  accept  him  as 
bondsman  ? 

A.  No — provided  he  qualifies  in  other  respects ;  the  desk 
officer  should,  however,  make  diligent  inquiry  as  to  the 
sufficiency  of  such  security. 

Q.  Can  two  prisoners,  each  charged  with  the  same  misde- 
meanor, bail  each  other  out? 

A.     Yes — provided  they  are  able  to  qualify  as  bondsmen. 

Q.  If  a  child  be  charged  with  juvenile  delinquency,  can  the 
desk  officer  under  any  circumstances  refuse  to  accept  the 
personal  recognizance  of  such  child's  parents  or  guardian? 

A.  Yes — the  law  only  states  that  a  Lieutenant  may  accept 
such  recognizance.  The  Lieutenant  should  only  refuse 
such  recognizance,  however,  in  cases  where  the  acceptance 
would  defeat  the  ends  of  justice. 

Q.  If  the  defendant  in  a  misdemeanor  case  be  in  a  hospital, 
can  the  desk  officer  accept  bail  for  him? 

A.  Yes — provided  the  case  has  not  already  been  presented  to 
a  Magistrate.  If  bail  is  to  be  accepted,  a  sergeant  or 
lieutenant  would  be  sent  to  the  hospital  with  the  bonds- 


PRACTICAL  POLICE  WORK  55 

man  and  bail  accepted  there. 

Q.  If  a  prisoner,  who  is  arrested  for  a  misdemeanor  after 
closing  of  the  day  court,  offers  bail  and  insists  that  it  be 
taken  for  night  court,  is  the  desk  officer  required  to  ac- 
cept it? 

A.  No — the  prisoner  should  be  bailed  to  appear  the  following 
morning. 

Q.  If  a  prisoner  arrested  during  the  time  court  is  open  de- 
sires to  give  bail,  is  the  desk  lieutenant  required  to  ac- 
cept k  ? 

A.  No.  The  Charter  requires  that  a  person  arrested  must 
be  taken  immediately  before  the  nearest  sitting  Mag- 
istrate. 

Q.  What  should  a  desk  officer  do  if  a  surety  offer  bail  for  a 
prisoner  held  in  the  station  house  on  a  felony  charge? 

A.  The  desk  officer  should  inform  the  surety  that  bail  can 
only  be  accepted  by  a  Magistrate,  fill  out  proper  form, 
give  it  to  such  surety  and  tell  him  to  apply  to  a  Magis- 
trate. If  the  surety  return  to  the  station  house  with  bail 
bond  or  release  slip  signed  by  a  Magistrate,  the  desk 
officer  should  communicate  with  such  Magistrate  and 
verify  his  signature  and  upon  such  verification,  release 
the  prisoner. 

Q.  A  child  has  been  arrested  for  juvenile  delinqunecy  and  has 
been  sent  to  the  Children's  Society.  His  parents  offer 
bail  for  him  at  the  station  house.  What  is  the  duty  of 
the  desk  officer? 

A.  The  desk  officer  should  make  out  personal  recognizance 
bond,  have  parent  sign  it — then  make  out  proper  form — 
give  it  to  parent  and  instruct  him  to  go  to  the  Children's 
Society  for  his  child,  then  notify  the  Children's  Society 
by  telephone  of  his  action. 

Q.  A  bondsman  brings  the  person  he  has  bailed  to  a  station 
house  and  offers  to  surrender  him.  What  action  should 
the  desk  officer  take? 

A.  If  such  person  had  been  bailed  at  that  station  house  and 
his  case  had  not  been  presented  to  a  Magistrate  the  desk 
officer  should  accept  his  surrender.  If  bailed  at  some 
other  station  house,  or  his  case  had  been  presented  to  a 
Magistrate,  the  bondsman  would  be  instructed  to  surren- 
der him  at  the  place  he  would  be  confined  in  if  not  out 
on  bail. 


^    CHAPTER  IV 
COURTS— JURISDICTION 

• 

Criminal  Courts 

The  Magistrates  Courts,  the  Courts  of  Special  Sessions,  the 
Court  of  General  Sessions  in  New  York  County,  the  County 
Courts  outside  New  York  County,  and  the  Supreme  Court  are 
the  courts  which  have  original  criminal  jurisdiction  in  the. City 
of  New  York.  The  first  two  are  inferior  courts,  but  Special  Ses- 
sions has  been  made  a  court  of  record.  The  City  Court  of  Utica 
and  Oswego<are  criminal  courts  in  those  cities.  A  court  composed 
of  State  Senators  and  members  of  the  Court  of  Appeals  consti- 
tute the  court  for  the  trial  of  impeachments. 

The  appellate  courts  in  New  York  State  are  the  Appellate 
Division  of  the  Supreme  Court  and  the  Court  of  Appeals. 

The  United  States  Circuit  Court  of  Appeals  and  the  United 
States  Supreme  Court  are  appellate  Federal  courts  to  which  de- 
cisions of  the  United  States  District  Court  can  be  appealed. 

Magistrates'  Courts — Chief  City  Magistrate 

The  City  Magistrates  constitute  a  board  presided  over  by  the 
Chief  Magistrate.  He  assigns  the  other  Magistrates  and  is  the 
administrative  head  of  all  the  Magistrates  Courts. 

The  Mayor,  Chief  Magistrate  and  Police  Commissioner  con- 
stitute a  board  to  fix  the  boundaries  of  the  districts  for  each  Mag- 
istrates Court  in  each  Borough.  Special  Magistrates  court  or 
Courts  of  Special  Sessions  for  the  trial  of  specified  classes  of 
offenders  are  also  provided  for. 

Magistrates'  Jurisdiction 

Magistrates  as  such  have  summary  jurisdiction  in  case  of 
disorderly  conduct,  public  intoxication,  vagrancy  and  violations 

56 


PRACTICAL  POLICE  WORK  .         57 

of  the  Ordinance.  When  a  Magistrate  sits  as  a  Special  Sessions 
Judge  he  can  dispose  of  offences  constituting  violations  of  the 
rules  and  regulations  of  various  State  and  City  Departments, 
He  can  also  dispose  of  violations  of  the  general  business  law 
•effecting  small  loan  brokers  and  employment  agencies,  the  lodg- 
ing house  section  of  the  charter,  the  sections  relating  to  the  dis- 
posal of  dead  bodies  and  of  signs  and  names  of  practitioners  in 
the  public  health  law ;  the  section  relating  to  the  parental  control 
and  unlawful  employment  of  children  in  the  education  law,  and 
all  violations  of  the  labor,  Sabbath,  tenement  house  and  conser- 
vation laws  as  well  as  article  nA  of  the  highway  law  and  that 
part  of  the  Penal  Law  affecting  animals. 

Fraud  on  hotel  keepers,  accepting  street  car  transfer  tickets 
for  use,  sending  messenger  boys  to  disorderly  houses,  opening 
fire  hydrants,,  advertising  on  the  National  or  State  flag,  placing 
injurious  substances  on  roads,  using  unmuffled  motorboats  in  tidal 
waters,  carelessly  distributing  drugs,  driving  vehicles,  animals 
or_  teams  on  sidewalks,  as  well  as  fraudulent  repre%entation  in 
labor  organizations  are  all  triable  by  the  same  court  with  a 
Magistrate  presiding. 

In  case  a  person  is  entitled  to  a  trial  before  three  judges  of 
the  court  of  Special  Sessions,  a  Magistrate  cannot  try  him  with- 
out his  consent. 

MUNICIPAL  TERM 

The  Municipal  Term  Court  is  really  a  branch  of  the  Court  of 
Special  Sessions  although  held  by  a  Magistrate.  The  Magistrate 
holding  it  is  designated  by  the  Chief  Magistrate.  Each  court 
covers  a  district  the  boundaries  of  which  may  be  changed  by  the 
Chief  Magistrate  from  time  to  time. 

Violations  of  the  ordinances;  of  departmental  regulations; 
of  laws  prosecuted  by  departments  other  than  the  police,  and 
violations  of  the  labor  law  come  before  'the  Municipal  Term. 
The  Board  of  Magistrates  may,  however,  except  certain  cases 
which  otherwise  would  be  triable  in  this  court. 

Offences  of  the  kind  tried  by  the  Municipal  Term  when  com- 
mitted without  the  district  are  tried  before  the  Magistrate  ordi- 
narily holding  court  in  the  district  where  they  are  committed. 
The  ordinary  court  procedure  is  followed  in  the  Municipal 
Term. 


5§  PRACTICAL  POLICE  WORK 

.  TRAFFIC  COURT 

The  Traffic  Court  has  been  organized  by  the  board  of  City 
Magistrates  to  try  violations  of  the  traffic  regulations.  It  exists 
only  in  the  Borough  of  Manhattan,  and  deals  with  vehicular  traf- 
fic violations.  The  court  is  not  in  session  every  day.  When  it  is 
in  session  offenders  are  brought  there  direct  by  arrest  or  sum- 
mons. When  it  is  not  in  session  and  an  arrest  is  made  the 
prisoner  is  brought  to  the  Night  Court  in  the  night  time  or  ta 
the  ordinary  District  Court  in  the  day  time. 

DOMESTIC  RELATIONS  COURT 

The  Domestic  Relations  Court  exists  for  the  adjustment  of 
family  troubles.  Family  troubles  usually  are : 

Parents'  failure  to  support  or  provide  for  minor  children. 

Husbands'  failure  to  support  or  provide  for  their  wives. 

Grown  childrens'  failure  to  support  parents  or  grandparents. 

The  court  has  not  jurisdiction  in  abandonment  cases  where 
the  father  l€ft  or  abandoned  his  children  in  destitute  cases.  That 
offence  is  a  felony  and  the  accused  is  arraigned  in  the  Magis- 
trates' Court. 

GENERAL  POWERS  OF  MAGISTRATES'  COURTS 

Magistrates  have  jurisdiction  of  first  offenders  in  some  mis- 
demeanor cases  whom  they  can  send  to  the  City  Reformatory 
for  as  long  as  three  years. 

Magistrates  have  jurisdiction  of  women  who  offend  against 
the  law  forbidding  prostitution,  and  may  send  them  to  the  Bed- 
ford Reformatory,  House  of  the  Good  Shepherd,  Wayside  Home 
or  similar  institution  for  as  long  a  term  as  three  years. 

Magistrates  have  jurisdiction  involving  habitual  use  of  drugs 
and  may  commit  addicts  to  an  institution,  correctional  or  charita- 
ble where  such  addicts  are  treated. 

Magistrates  have  power  to  put  prisoners  on  probation. 

Persons  who  are  arrested  for  offences  in  the  city  are  ar- 
raigned in  the  court  of  the  district  in  which  the  offence  was 
committed,  except — 

Men  misdemeanants  and  women  misdemeanants  who  demand 
an  immediate  hearing  in  Manhattan  and  the  Bronx  arrested  after 
the  close  of  the  day  courts  who  are  taken  to  the  Men's  Night 
Court.  (When  a  man  and  woman  are  arrested  for  a  joint  of- 


PRACTICAL  POLICE  WORK  59 

• 
fence  they  are  both  taken  to  the  Men's  Night  Court.) 

Offenders  against  Federal  Laws  who  are  taken  before  a  U.  S. 
Commissioner. 

Children  under  16  charged  with  juvenile  delinquency  who  are 
taken  to  the  Children's  Court. 

CHILDREN'S  COURT 

The  Children's  Court  has  been  established  for  the  tria.1  of 
juvenile  delinquents.  Juvenile  delinquents  are  children  under  16 
who  have  committed  some  crime  other  than  homicide.  The  court 
is  a  branch  of  Special  Sessions. 

A  child  under  16  who  has  committed  a  crime  is  arraigned  in 
the  Children's  Court. 

If  a  child  and  an  adult  working  in  concert  have  committed  a 
crime  the  child  can  be  used  as  a  witness  against  the  adult  in  the 
Magistrates'  court;  after  his  own  arraignment  if  the  Children's 
Court  be  in  session  or  before  his  own  arraignment  if  not.  The 
Children's  Society  has  charge  of  juveniles  from  the  time  of  their 
arrest  until  after  their  arraignment. 

SPECIAL  SESSIONS 

The  Court  of  Special  Sessions  exists  primarily  for  the  trial 
of  persons  charged  with  misdemeanors.  Three  judges  sit  without 
a  jury.  Its  jurisdiction  extends  to  all  the  boroughs.  Cases  in 
this  court  are  prosecuted  by  information  and  not  by  indictment. 
It  does  not  try  libel  cases.  It  may  not  try  other  misdemeanor 
cases  if — 

A  person  be  charged  with  cruelty  to  animals  or  a  first  of- 
fender against  the  motor  vehicle  law  pleads  guilty. 

A  Grand  Jury  indictment  has  in  the  meantime  been  found 
against  the  accused  for  the  same  offence. 

A  Supreme  Court  Judge,  a  Judge  of  General  Sessions  or  a 
County  Court  Judge  has  meantime  certified  that  it  is  reasonable 
to  have  the  charge  prosecuted  by  indictment. 

THE  GRAND  JURY 

The  Grand  Jury  is  a  body  of  responsible  citizens  chosen  to 
inquire  into  crimes  prosecutable  by  indictment  in  the  county.  Its 
numbers  are  not  to  exceed  twenty-three  and  sixteen  must  sit  to 
transact  business.  Twelve  mav  vote  an  indictment. 


6o  PRACTICAL  POLICE  WORK 

Before  finding  an  indictment  the  Grand  Jury  hears  the  wit- 
nesses for  the  defence.  This  is  discretionary.  When  the  evidence 
is  strong  enough  to  accuse,  it  finds  a  true  bill.  A  true  bill  is, 
however,  only  an  accusation. 

In  addition  to  the  title  of  the  action  and  the  names  of  the 
parties  an  indictment  must  contain  a  plain  concise  statement  of 
the  act  constituting  the  crime.  After  indictment  a  bench  war- 
rant is  issued  by  the  court  or  District  Attorney  for  a  person  not 
in  custody.  He  is  arraigned  in  the  court  in  which  the  indict- 
merft  is  found  or  in  that  to  which  it  is  sent. 

In  felony  cases  the  defendant  must  appear  to  answer  in 
person.  In  misdemeanor  cases  he  can  answer  by  counsel  who 
either  moves  to  set  aside  the  indictment;  demurs  or  pleads 
thereto.  There  are  three  kinds  of  pleas : 

Guilty, 

Not  guilty, 

Previous  conviction  or  acquittal  of  the  same  charge. 

An  individual  pleads  himself,  a  corporation  pleads  by  coun- 
sel. Usually  the  counsel  conveys  the  plea  to  the  court.  If 
"Guilty"  the  prisoner  is  remanded;  if  "Not  Guilty"  the  case  is 
put  on  the  calendar  for  trial.  Pleas  of  "Guilty"  are  not  accepted 
where  the  punishment  may  be  death. 

The  Supreme  Court  and  the  Court  of  Special  Sessions  try  in- 
dictments in  New  York  County;  the  County  Courts  in  other 
counties  or  the  Supreme  Court. 

The  Court  of  General  Sessions  tries  felonies  in  New  York 
County.  It  also  hears  appeals  from  the  Magistrates'  courts  and 
Special  Sessions.  Unlike  the  Supreme  Court  or  the  County 
Court,  its  jurisdiction  is  limited  to  criminal  cases. 

The  Supreme  Court  can  try  indictments  found  in  general  ses- 
sions or  in  the  County  Courts,  or  send  them  to  be  tried  in  those 
courts ;  grant  new  trials,  grant  writs  and  hear  and  -determine  the 
various  kinds  of  motions  in  respect  to  an  indictment  or  the 
person  accused. 

COUNTY  COURTS 

County  Courts  exist  in  all  the  counties  outside  the  county  of 
New  York.  In  Brooklyn,  Queens,  Bronx  and  Richmond  as 
well  as  Albany  and  Ulster  they  have  jurisdiction  over  all  in- 
dictment cases  including  those  punishable  with  death.  In  other 
counties  they  cannot  try  cases  where  the  death  sentence  may 
be  inflicted.  In  counties  within  the  city  their  original  jurisdio 


PRACTICAL  POLICE  WORK  61 

tion  is  practically  similar  to  that  of  the  Court  of  General  Ses- 
sions within  New  York  County,  but  outside  the  city  they  try 
bastardy  cases,  master  and  servant  cases,  domestic  relations  cases, 
licenses  and  other  kinds  of  cases  which  within  the  city  are  either 
heard  at  Special  Sessions  or  in  the  Magistrates  Courts. 

COURT  DUTIES 

When  a  policeman  brings  a  prisoner  into  court  there  are 
several  duties  devolving  upon  him.  He  should : 

1.  Put  his  prisoner  in  a  pen  and  register  him. 

2.  Consult  with  the  Assistant  District  Attorney  or  Lieuten- 
ant if  the  case  be  a  felony. 

3.  Make  the  complaint,  produce  witnesses,  if  any,  and  have 
the  prisoner  sign  the  declaration  sheet  if  necessary. 

4.  Read  over  the  complaint  carefully  to  detect  errors  or  omis- 
sions.   If  they  exist  have  them  corrected. 

5.  Note  his  shield  number  and  the  number  of  his  command 
on  the  complaint. 

6.  Make  a  short  affidavit  when  more  time  is  needed  to  get 
necessary  evidence  in  a  felony  case. 

7.  Inform  the  Magistrate  in  case  a  witness  is  missing  and 
procure  a  doctor's  certificate  in  case  a  witness  is  in  the  hospital. 

The  complaint  with  the  papers  attached  are  to  be  delivered  to 
the  court  attendant  and  then  the  policeman  should  stand  in  line 
with  the  prisoner  and  wait  his  turn  to  be  called.  Prisoners  on 
summonses  are  usually  permitted  to  sit  in  the  body,  of  the  court 
until  called. 

Way  to  Testify 

When  the  case  is  called  the  officer  should  take. his  prisoner 
briskly  in  front  of  the  Judge  and^  stand  at  attention  until  ordered 
to  take  the  stand. 

On  being  sworn  an  officer  should  give  his  rank,  name,  shield 
number,  and  the  number  of  his  precinct,  sit  upright  in  the  wit- 
ness chair  and  begin  his  story  in  a  straight  forward  manner. 

When  giving  his  testimony  an  officer  should  speak  loud  and 
distinct  enough  to  be  heard  and  understood  by  every  person  in 
Court. 

Tell  nothing  but  the  exact  truth,  tell  only  what  he  himself 
heard  or  saw,  and  tell  it  in  a  brief,  concise  and  business-like 
manner. 


62  PRACTICAL  POLICE  WORK 

Answer  in  as  few  words  as  he  knows  how.  Yes  or  No 
is  sufficient  if  either  meets  the  question.  If  he  cannot  answer 
Yes  or  No,  a  brief  answer  is  the  best. 

State  the  exact  language  used  or  act  committed  when  testify- 
ing to  indecent  words  or  acts. 

Not  try  to  make  his  version  tally  with  that  of  other  witnesses 
for  the  prosecution.  He  or  they  may  have  observed  incorrectly 
and  both  may  be  testifying  truthfully  as  they  saw  it. 

Not  lose  his  temper,  or  become  irritable,,  as  the  defendant's 
counsel  may  ask  him  questions  for  the  purpose  of  causing  him 
to  do  so  and  thereby  discredit  him  with  the  judge  or  jury.  For 
instance,  the  defendant's  counsel  may  ask  him,  "Officer  are  you 
the  policeman  that  Sergeant  Jones  found  intoxicated  in  a  saloon  ?" 
The  best  answer  would  be  "No,"  or  "Yes." 

Not  pound  the  defendant,  or  show  that  he  is  trying  to  do  so. 
If  asked  "Do  you  want  the  prisoner  convicted  ?"  answer  truthfully. 

Not  argue  with  the  defendant's  counsel,  or  with  the  court,  or 
interrupt  the  court,  counsel  or  other  witnesses  while  they  are 
speaking. 

Not  hesitate  to  say  "I  don't  remember"  when  questioned 
about  something  that  he  has  forgotten  or  hesitate  to  ask  the 
court  for  permission  to  consult  an  entry  in  his  memorandum 
book,  he  should  not  read  therefrom,  except  by  permission  of 
the  court. 

Not  use  slang  words,  or  words  he  does  not  know  the  mean- 
ing of.  Use  simple  words  and  sentences. 

Not  say  -"I  guess  so"  or  "I  think  so"  when  testifying.  If  he 
does  not  positively  know  he  should  say  so. 

Not  testify  as  to  the  defendant's  previous  character,  except 
by  direction  of  the  court  or  in  answer  to  a  question. 

The  prisoner's  record  may  not  be  gone  into  in  giving  evidence 
as  it  is  only  when  he  himself  tries  to  prove  good  character  or  in 
the  case  of  second  offenders  that  character  is  to  be  proved.  A 
witness  should  use  no  unnecessary  words ;  tell  time  exactly  and 
distance  as  precisely  as  possible. 

After  Testifying 

On  leaving  the  witness  stand  a  policeman  should  take  his  stand 
beside  his  prisoner.  If  a  commitment  be  secured  he  should  ob- 
tain the  commitment  paper  from  the  attendant  and  deliver  it  and 
the  prisoner  to  the  prison  keeper  with  any  property  not  to  be 
used  as  evidence  and  get  a  receipt  for  what  he  delivers. 


PRACTICAL  POLICE  WORK  63 

In  case  of  a  discharge  the  prisoner's  property  should  be  re- 
turned to  him  and  a  receipt  obtained,  or  a  written  order  from 
the  clerk  procured  in  case  there  is  doubt  about  the  ownership  of 
the  property. 

After  finishing  with  his  case  the  officer  returns  to  the  sta- 
tion, apprises  the  desk  officer  of  the  disposition  of  the  case  and 
delivers  property  he  may  have  for  evidence. 

The  desk  officer  should  be  acquainted  when  an  officer  is 
subpoenaed  to  court.  The  officer  should  take  the  subpoena  to 
court  and  deliver  it  to  the  attendant.  If  property  is  to  be  taken 
from  headquarters  he  should  first  go  there  and  show  his  sub- 
poena. Property  taken  to  court  and  brought  back  again  should 
be  receipted  for  on  the  taking  and  returning. of  it. 

Faults  in  Testifying 

An  officer  is  asked  what  the  defendant  said  when  arrested. 
An  answer  we  frequently  hear  is  "he  admitted  to  me  that  he 
was  guilty."  This  is  obviously  only  a  conclusion,  and  when  the 
defendant  objects  to  it,  the  Court  directs  the  officer  to  answer 
the  question  and  not  to  attempt  to  describe  the  effect  of  the  de- 
fendant's statement.  The  officer  finally  testifies,  "He,  defendant, 
said  to  me,  I  took  the  package %from  the  wagon;  I  was  hard  up 
and  needed  the  money."  That  is  in  fact  a  much  more  effective 
and  accurate  answer,  but  an  unfavorable  impression  has  been 
created  on  the  jury  by  the  rebuke  to  the  officer  from  counsel 
and  the  Court,  and  the  jury  is  apt  to  get  the  impression  that  the 
officer  is  being  unfair. 

Again,  an  officer  may  say  "They  acted  in  concert,"  unless  he  is 
aware  that  by  the  rules  of  evidence  he  cannot  so  characterize, 
but  that  he  must  state  what  the  actions  were  and  leave  it  to  the 
jury  to  draw  conclusions  as  to  whether  or  not  they  were  concerted. 

Many  jurymen  seem  to  have  a  prejudice  against  the  testimony 
of  police  officers,  and  jurors  who  constantly,  as  citizens,  trust 
their  lives  and  safety  to  the  word  of  an  officer,  when  sitting  on 
juries  will  not  believe  the  testimony  of  the  same  officer,  unless  it 
is  corroborated.  This  feeling  may  in  part  arise  from  the  fact 
that  the  jury  realizes  that  the  police  officer  desires  that  the  ac- 
cused be  convicted.  If  he  is  an  honest  officer  and  knows  that 
the  defendant  is  guilty,  having  himself  seen  him  commit  the 
crime,  he  must  desire  his  conviction,  but  it  is  important,  as  this 
feeling  exists  on  the  part  of  many  jurymen,  that  a  police  witness 
shall  not  appear  to  be  over-zealous ;  and  by  a  little  more  famil- 


64  PRACTICAL  POLICE  WORK 

iarity  on  the  part  of  police  officers  with  the  ordinary  rules  of  evi- 
dence than  some  of  them  now  have,  they  may  avoid  rebukes  from 
the  Court  for  attempting,  in  their  ignorance  of  what  evidence  is 
admissible,  to  give  that  which  is  not.  Such  rebukes  are  some- 
times administered  to  a  witness  who  is  trying  his  best  to  testify 
truthfully,  but  is  ignorant  of  the  limitation  upon  what  he  may 
say,  and  when  a  police  officer  is  so  rebuked,  the  result  is  that  the 
jury  is  prejudiced  against  his  testimony. 

CONTEMPT  OF  COURT 

Contempt  of  court  is  a  misdemeanor.  In  the  higher  courts  it 
is  punishable  without  the  aid  of  the  statute."  It  is : 

Words  or  acts  of  a  disorderly,  contemptuous  or  insolent 
character  committed  during  the  sitting  of  the  court,  in  its  im- 
mediate view  or  presence  and  tending  directly  to  interrupt  pro- 
ceedings or  impair  respect  for  due  authority. 

Similar  behavior  before  a  sitting  referee  or  jury. 

A  breach  of  the  peace,  disobedience  to  a  lawful  mandate,  re- 
sistance of  a  process,  refusal  to  be  sworn  or  interrogated  and 
publication  of  a  false  or  grossly  inaccurate  report  of  proceedings. 


<  . 


CHAPTER  V 
EVIDENCE,  PROCESSES,  ETC. 

The  law  of  evidence  is  concerned  principally  with  two  things : 

1.  What  may  be  proved  in  court. 

2.  How  may  that  thing  be  proved. 

The  accused  is  entitled  to  a  fair  trial,  and  presumed  to  be 
innocent  until  proven  guilty.  He  should  have  the  privilege  of 
being  confronted  by  his  accusers  and  the  opportunity  to  cross- 
examine  them  for  the  purpose  of : 

Exposing  their  weaknesses;  testing  the  value  of  their  state- 
ments, and  opportunities  for  attentiveness  in  observing;  strength 
of  recollection ;  disposition  to  speak  the  truth. 

Most  testimony  must  be  given  by  the  person  who  saw  the 
act  or  heard  the  noise,  not  by  others  who  were  told;  that  would 
be  Hearsay.  Hearsay  Evidence  is  allowed  when  it  is  the  dying 
declaration  of  a  person  feloniously  injured,  who  at  the  time  of 
making  such  declaration  believed  he  was  going  to  die,  and  sub- 
sequently did  die  as  a  result  of  that  injury. 

A  policeman,  however,  is  allowed  to  testify  to  the  fact  that  a 
complaining  witness  reported  to  him  the  burglary,  larceny  or 
whatever  crime  which  the  defendant  is  charged  with  and  his  sub- 
sequent action  in  the  case.  He  is  not  allowed  to  testify  to  the 
words  the  complainant  used  in  making  such  report.  If  the  crime 
charged  be  rape,  or  other  sex  offense,  the  words  used  by  the 
woman  in  making  the  complaint  may  be  testified  to  for  the  pur- 
pose of  showing  her  lack  of  consent,  particularly,  if  she  made 
the  complaint  immediately  after  the  occurrence. 

A  material  statement  made  by  a  third  person  in  the  presence 
of  and  hearing  of  the  defendant,  if  heard,  may  be  testified  to  in 
order  to  show  what  the  prisoner  said  or  did  on  hearing  it. 

Confessions 
Voluntary  statements  by  the  accused  are  admissible  as  evi- 

65 


66  PRACTICAL  POLICE  WORK 

dence;  he  need  not  be  informed  or  warned  that  they  will  be 
used  against  him,  as  in  England,  by  a  policeman  at  the  time  of 
an  arrest.  The  Federal  courts  follow  the  English  rule.  They 
must  not  be  extracted  through  the  instrumentality  of  fear. 

A  Magistrate  warns  a  prisoner  of  the  use  which  may  be  made 
of  his  confession  before  receiving  it. 

A  policeman  should  record  a  confession  in  his  memorandum 
book  in  accordance  with  the  rule  for  keeping  memoranda. 

The  most  unimpeachable  confessions  are  those  written  out  by 
the  accused.  If  the  policeman  writes  it,  he  should  get  the  pris- 
oner to  sign  it  and  the. policeman  should  also  sign  as  a  witness. 

In  first  degree  murder  cases  confessions  can  be  used  only  to 
strengthen  other  testimony.  Confessions  made  outside  of  court 
are  not  in  themselves  sufficient  to  convict.  When  made  in  court 
after  the  crime  is  charged  and  after  a  plea  of  guilty  is  entered 
they  are  enough  to  convict. 

A  confession  made  under  duress  is  not  admissible  as  evidence 
Duress  can  be  exercised  by  the  police  or  District  Attorney. 
Example : 

If  Black  were  arrested  on  suspicion  of  burglary  and  con- 
fessed only  because  he  was  put  in  fear  of  physical  pun- 
ishment, such  confession  could  not  be  used  against  him. 
If,  however,  he  stated  that  he  had  pawned  the  stolen 
property  in  a  certain  pawnshop,  the  policeman  to  whom 
such  confession  was  made  could  testify  that  as  a  result 
of  a  conversation  he  had  with  Black,  he  went  to  a  certain 
pawnshop  and  found  therein  the  stolen  property. 
A  confession  to  a  District  Attorney  under  the  stipulation  that 
the  confessor  will  not  be  prosecuted,  cannot  be  used  against  a 
prisoner. 

A  confession  by  a  defendant  to  his  attorney  or  confessor,  is 
privileged,  and  cannot  be  used  except  by  his  permission. 

A  confession  made  by  a  defendant  while  under  the  influence 
of  liquor  may  be  used  against  him  unless  he  is  so  drunk  as  not 
to  understand  the  nature  of  the  confession. 

A  confession  by  a  witness,  documentary  or  otherwise  pre- 
sented in  any  proceeding  where  he  is  granted  immunity  by  statute 
cannot  be  used  against  him,  unles  he  makes  and  deposits  in  the 
office  of  the  County  Clerk  a  statement  waiving  immunity. 

When  Compelled  to  Testify 

A  person  may  be  compelled  to  testify  in  the  trial  or  investi- 


PRACTICAL  POLICE  WORK  67 

gation  of  the  following  offenses,  even  though  he  claim  that  his 
testimony  may  incriminate  him,  but  if  compelled  to  testify  he  is 
granted  immunity  by  statute  unless  he  waives  such  privilege. 

Penal  Law  relating  to  the  following : 

Art.     14.     Criminal  Anarchy. 

Art.     34.     Bribery  and  Corruption. 

Art.     36.     Bucket  Shops. 

Art.     72.     Duelling. 

Art.     74.     Election  Law. 

Art.     88.     Gambling. 

Art.  140.     Disturbing  Lawful  Meetings. 

Art.  164     Prizefighting  and  Sparring. 

Art.  1 88.     Riots  and  Unlawful  Assemblies. 

When  Corroboration  Is  Necessary 

Corroboration  of  testimony  is  necessary  to  secure  convic- 
tion in : 

Sex  offences. 

When  it  is  that  of  an  accomplice. 
When  it  is  that  of  a  child  under  12. 

When  a  person  is  put  upon  trial  for  a  particular  offence,  evi- 
dence of  similar  acts  formerly  committed,  cannot,  as  a  rule  be 
proven. 

Example : 

Black  is  charged  with  robbing  White.    Evidence  that  he  had 

previously  robbed  Green  would  not  be  admitted. 
There  are  exceptions  to  the  above  rule.    When  the  question 
of  criminal  intent  is  raised,  or  where  the  presumption  of  intent 
has  been  overcome  and  it  must  be  re-established,  evidence  of 
similar  acts  can  be  introduced  to  prove  such  intent.     This  is 
another  reason  why  the  criminal  records  of  a  prisoner  should 
always  be  looked  up. 
Example : 

Brown  is  charged  with  obtaining  money  from  White  on  a 
worthless  check.  As  proof  that  he  had  criminal  intent, 
evidence  may  be  offered  that  he  gave  similar  worthless 
checks  to  others. 

Brown  is  charged  with  passing  counterfeit  dollar  bills.    As 

proof  that  he  knew  they  were  counterfeit,  evidence  may 

be   offered  that  he  passed   similar   counterfeit  bills   on 

others. 

Brown  is  charged  with  standing  at  the  window  of  his  home, 


68  PRACTICAL  POLICE  WORK 

on  a  certain  date,  with  his  private  person  exposed.  As- 
proof  that  he  did  so  intentionally,  evidence  may  be  offered 
that  on  other  days  he  committed  similar  acts. 
Brown  is  charged  with  receiving  stolen  goods  from  Black  on 
a  certain  date.  As  proof  that  he  knew  such  goods  were 
stolen,  evidence  may  be  offered  that  he  bought  stolen 
goods  from  Black  on  other  dates. 

Whenever  it  becomes  necessary  to  prove  motive,  a  fact,  a 
condition,  an  act  or  a  circumstance  that  would  go  to  supply  such 
a  motive,  can  be  testified  to.  Had  the  accused  anything  to  gain 
pecuniarily?  Had  there  been  a  quarrel?  Was  there  spite  or 
jealousy?  Would  the  accused  be  benefited  in  any  way  or  grat- 
ified by  the  act  ? 
Example : 

Black  is  accused  of  killing  White,  the  fact  that  Black  would 
inherit  White's  property;  that  he  had  quarreled  with 
White  prior  to  the  killing;  that  he  had  occasion  to  be 
jealous  of  White,  etc.,  may  be  proved. 

As  a  part  of  a  chain  or  circumstances  it  is  competent  to  prove 
any  previous  preparation  for  the  crime  such  as  buying  of  the 
instrument  of  execution,  threats  made  or  intentions  expressed  by 
the  accused. 

After  a  person  has  been  accused  of  the  commission  of  a 
crime  it  is  competent  to  prove  acts,  speech  or  conduct  on  his 
part  influenced  by  the  crime  or  the  accusation  and  having  to  do 
with  or  relating  to  it. 

Telephone  conversations  can  be  testified  to  just  as  other 
conversations,  provided  the  witness  can  identify  the  person 
speaking  by  the  tone  of  the  voice.  When  a  telephone  conversa- 
tion is  had  and  an  act  follows  as  a  natural  sequence,  both  the 
conversation  and  the  act  can  be  testified  to  for  the  purpose  of 
showing  the  chain  of  circumstances  that  led  up  to  the  final  hap- 
pening. 

Example : 

"Is  this  Brown?" 
"Yes." 

"This  is  Black  speaking.    Do  you  want  to  sell  those  stolen 
coats  you  bought  last  night?" 
"Yes." 

"All  right.     Bring  them  over  to  my  store  and  we  will 
settle  on  a  price." 

"Very  well,  I  will  bring  them  over  right  away." 
A  policeman  who  heard  such  conversation  could  testify  to  the 


PRACTICAL  POLICE  WORK  69 

fact  that  he  heard  it,  and  subsequently  saw  Brown  leave  his  home 
with  stolen  coats  and  deliver  them  to  Black. 

A  witness  cannot  testify  to  what  a  third  party  told  him.  That 
is  hearsay.  For  example :  In  the  trial  of  Black  charged  with 
stealing  a  horse,  White  could  not  say  " Brown  told  me  he  saw 
Black  steal  the  horse." 

There  is  no  method  legally  prescribed  for  the  manner  of 
identifying  a  criminal.  The  accused  may  be  identified  while 
alone  or  in  the  company  of  others.  He  may  or  may  not  have  been 
pointed  out  in  advance  to  the  witness.  Since  the  identification  is 
subject  to  challenge  and  the  method  by  which  it  was  brought 
about  may  be  raised  at  the  trial  for  the  purpose  of  discrediting 
the  identifying  witness,  the  best  method  is  where  the  accused  is 
picked  from  a  number  of  others  without  the  witness  having  had 
a  previous  opportunity  to  look  him  over. 

Opinions  or  conclusions  cannot,  as  a  rule,  be  admitted  as 
evidence  unless  given  by  an  expert.  There  are,  however,  certain 
conclusions  which  are  obvious  to  a  person  endowed  with  common: 
sense,  and  these  can  be  testified  to,  such  as  the  appearance  of  a 
person,  color  of  his  hair,  his  condition  and  behavior.  Testimony 
of  that  kind  is  admissible. 

Evidence  given  by  word  of  mouth  is  called,  sometimes  parole,, 
sometimes  oral  evidence. 

KINDS  OF  EVIDENCE 

Documentary  evidence  consists  of  books  or  written  matter 
produced  for  inspection  of  the  court. 

Exhibits  are  articles  or  things  submitted  in  evidence  which 
directly  relate  to  the  case. 

Competent  evidence  is  evidence  pertaining  to  the  fact  at  issue. 
For  instance:  "Brown  is  accused  of  committing  a  burglary  in 
New  York  and  Jones  testifies  that  he  saw  Brow-n  in  Chicago  at 
the  time  such  burglary  was  committed." 

Cumulative  evidence  is  evidence  of  the  same  general  kind 
and  character  a-nd  to  the  same  point  as  evidence  already  given. 

Circumstantial  evidence  is  evidence  of  facts  and  crrcum- 
stances  from  which  the  existence  of  the  fact  to  be  established  may 
be  inferred.  For  instance:  If  established  as  a  fact  that  Brown 
was  alone  in  a  room  at  the  time  a  pocketbook  was  stolen  from 
a  table  therein,  it  would  be  reasonable  to  suppose  that  Brown 
was  guilty  of  stealing  it,  as  he  was  the  only  one  who  had  such  an 
opportunity." 

Corroborative  evidence  is   additional  evidence  to   strengthen 


70  PRACTICAL  POLICE  WORK 

that  already  given.  For  instance :  "A  woman  charges  Black  with 
assault  and  states  that  she  screamed  at  the  time  of  the  occur- 
rence; the  testimony  of  a  person  who  heard  such  screams  would 
be  corroborative  evidence. 

Presumptive  evidence  is  evidence  of  facts  from  which  the 
fact  at  issue  may  be  presumed.  Example:  "If  Black  had  a 
stilleto  concealed  on  his  person  it  is'  presumed  that  he  intended  to 
make  unlawful  use  of  it." 

Direct  evidence  is  the  evidence  of  witnesses  who  testify  to 
their  actual  knowledge  of  the  facts  to  be  proved.  Example: 
"Black  accused  of  stabbing  Brown  with  a  knife  and  Smith  testifies 
that  he  saw  Black  do  so." 

Sufficient  evidence  is  the  amount  of  weight  of  evidence  which 
will  convince  -a  reasonable  mind.  The  sufficiency  of  the  evidence 
produced  is  a  question  of  law,  therefore  the  Court  decides  that 
question  before  submitting  a  case  to  the  jury. 

Destroying  Evidence 

It  is  a  felony : 

To  make  up  fraudulent  written  matter  for  the  purpose  of  hav- 
ing it  introduced  as  evidence  in  court. 

To  offer  to  procure  or  to  procure  fraudulent  written  matter, 
having  knowledge  of  its  character. 

A  misdemeanor : 

To  destroy  purposely,  written  matter  to  be  used  as  evidence 
with  the  object  of  preventing  its  use. 

To  incite  another  to  testify  falsely  even  though  perjury  is 
not  committed. 

To  prevent  the  attendance  of  a  witness  or  the  production  of 
anything  to  be  used  as  evidence,  through  threats  of  violence, 
deceit  or  fraud. 

Marking  Evidence 

Evidence  should  be  marked  very  carefully.  The  ends  of 
justice  maybe  defeated  through  careless  marking.  Another  wit- 
ness should  see  it  marked  and  be  able  to  identify  the  mark.  A 
note  of  the  mark  should  be  made  in  the  officer's  memorandurft 
book. 

An  article  or  thing  received  from  another  should  be  doubly 
marked  by  the  person  giving  it,  and  the  officer  taking  it.  Tags, 
as  a  means  of  identification,  are  as  a  rule  unsafe  and  inadequate. 

Evidence  to  be  placed  in  an  envelope  should  be  marked  first 
in  the  presence  of  a  witness  and  the  envelope  sealed  in  his  pres- 
ence. The  time,  date,  names  of  sealer  and  witness  should  also 


PRACTICAL  POLICE  WORK  71 

be  marked  on  the  envelope.  The  seal  should  be  broken  in  the 
presence  of  the  Court  and  not  before.  When  it  is  necessary  to 
reseal,  the  same  procedure  should  be  followed. 

Revolvers  are  scratched  for  identification  purposes  and  a 
note  of  the  serial  number  made.  The  calibre  and  make  is  noted. 
Cartridge  shells  empty  or  charged  are  also  scratched  after  being 
examined  as  to  previous  discharge.  Bullets  are  marked  by  a 
deep  dent  to  prevent  tampering,  after  being  examined  for  pre- 
vious marks. 

Poisons,  drugs  and  the  like  are  put  in  metal  containers,  marked 
and  sealed  in  the  manner  indicated.  Clothing  and  documents  are 
properly  marked  with  something  indelible  or  ineffaceable;  the 
denomination  and  serial  number  of  paper  money  to  be  used  as 
evidence  is  taken.  Metal  coins  are  scratched. 

Dead  bodies  are  tagged  for  identification,  and  the  tag  con- 
tains a  comprehensive  description  of  the  body,  the  date  of  death 
and  the  name  of  the  deceased  if  known. 

Responsibility  to  the  Law 

Everybody  is  presumed  to  be  responsible  for  his  acts  which 
means  that  anybody  who  commits  an  illegal  act  must  take  the 
consequences.  The  law  will  not  regard  a  man  as  insane  unless 
he  is  proven  so.  Neither  will  it  treat  him  as  a  lunatic,  imbecile 
or  idiot  unless  actually  adjudicated  as  such.  While  these  things 
can  be  put  up  as  a  defence  the  offender  in  order  to  escape  must 
show 

1.  That  he  did  not  know  the  nature  of  the  act. 

2.  That  the  act  was  wrong. 

In  the  last  analysis  a  person  who  proves  the  foregoing  of 
himself  is  held  incapable  of  committing  a  crime.  So  is  a  child 
under  7.  If  between  7  and  12  he  is  presumed  incapable  which 
presumption  may  be  removed  by  proof.  A  person  may  not  be 
fully  competent  (compus  mentis)  and  yet  be  liable  for  his  crim- 
inal acts. 

There  is  a  difference  between  the  presumption  in  an  insane 
person  and  in  a  child  under  12.  In  the  first  case  the  presump- 
tion may  be  overcome  by  the  accused ;  in  the  second  case  the  bur- 
den is  upon  the  State  to  remove  the  presumption.  A  policeman 
should  not  arrest  a  child  under  12  for  a  trifling  crime  without  a 
warrant.  He  may  be  taken  into  custody  for  improper  guardian- 
ship. 


72  PRACTICAL  POLICE  WORK 

I  Who  Are  Punished  in  This  State 

To  be  punished  in  this  State  for  a  crime,  the  crime  must  have 
.  been  committed : 

1.  In  this  State,  wholly  or  partly. 

2.  In  another  State  and  the  proceeds  brought  to  this  State, 
provided  the  crime  would  have  been  larceny  here,  and  by  one  who 
helps  in  abduction  or  kidnaping  from  this  State  even  though  in 
another  State  at  the  time  or 

Participates  in  the  commission  of  a  crime  in  this  State  while 
absent  in  another  by  causing,  procuring  aiding  or  abetting,  or 

Does  an  act  while  outside  of  the  State  which  in  its  natural 
course  results  in  a  violation  of  the  law  in  this  State. 

Subpoena 

A  subpoena  is  a  process  to  compel  the  attendance  of  a  witness 
in  court.  It  is  served  by  anybody  by  showing  the  party  the  origi- 
nal and  leaving  a  copy.  \Yhen  it  contains  a  direction  to  bring 
books  or  papers  it  is  called  a  subpoena  duces  tecum. 

When  witnesses  reside  in  another  county  service  is  usually 
effected  through  the  Sheriff  of  that  county  who  makes  return 
without  delay  to  the  District  Attorney.  The  person  served  with  a 
subpoena  must  appear  under  a  penalty  if  the  process  be  issued 
by  a  court  of  record,  District  Attorney  or  County  Clerk.  If 
issued  by  another  person  it  must  be  endorsed  by  a  judge  of  a 
court  of  record.  In  New  York  City  such  endorsement  is  not 
needed. 

A  court  outside  this  State  cannot  directly  order  the  attendance 
of  a  witness  from  this  State.  The  subpoena,  however,  can  be 
endorsed  by  a  judge'  of  a  court  of  record  here  and  then  it  is 
good  if  tendered  with  fees  amounting  to  ten  cents  a  mile  for  each 
mile  to  and  from  the  court  and  $5  a  day  additional. 

Disobedience  of  a  process  including  a  subpoena  is  contempt 
of  court,  as  is  a  refusal  to  be  sworn  or  to  testify. 

^  A  conditional  examination  may  be  had  for  witnesses  who  are 
too  sick  to  attend  or  who  are  about  to  leave  the  State.  In  such 
cases  counsel  for  the  defence  must  be  notified  so  as  to  be  present 
and  cross-examine  them. 

To  dissuade  a  duly  subpoenaed  person  from  attending  court, 
or  to  practice  fraud  on  a  witness  for  the  purpose  of  affecting  his 
testimony  is  a  misdemeanor. 

Perjury 

To  constitute  perjury  there  must  be: 


PRACTICAL  POLICE  WORK  73 

An  oath  or  affirmation. 
A  false  statement  knowingly  made. 

An  occasion  where  an  oath  is  required  or  may  be  lawfully 
administered. 

A  material  matter  misstated. 

It  is  perjury  whether  the  oath  is  made  orally  or  in  writing, 
before  a  court  or  by  affidavit  or  at  a  hearing  or  inquiry  ordered 
by  a  court  or  by  law. 

Perjury  is  a  felony,  so  is  subordination  of  perjury.  To  be 
guilty  of  the  latter  a  person  must  wilfully  induce  or  persuade 
another  to  swear  falsely. 

To  attempt  to  procure   false  testimony   from  another   even 
when  the  attempt  fails  is  a  misdemeanor.    To  say  positively  that 
you  know  a  thing  when  you  believe  but  are  not  sure  is  perjury. 
Examples : 

At  the  time  of  a  robbery  in  First  Street,  Black  was  in 
Second  Street  and  Brown  was  in  Twelfth  Street.  Black 
was  being  tried  for  the  crime.  Brown  swore  in  defence 
,  that  at  the  time  of  the  robbery  Black  was  in  Second 
Street.  Even  though  Brown's  statement  were  true  in 
fact,  he  committed  perjury  because  he  did  not  know 
whether  it  was  true  or  false. 

Miss  Jones,  a  witness  in  a  criminal  proceeding,  was  asked 
her  age  and  answered  untruthfully.  Doing  so,  she  did 
not  commit  perjury  unless  her  age  was  material  to  the 
point  at  issue. 

QUESTIONS  ON  LAW  AND  PROCEDURE 

In  each  of  the  following  eases  state  what  crime,  if  any,  is 
committed,  what  duty  is  imposed  upon  a  patrolman  when  the 
circumstances  are  brought  to  his  attention  by  a  citizen,  what 
evidence  is  needed  to  justify  an  arrest,  and  what  to  secure  a 
conviction : 

A,  carrying  loot,  the  product  of  a  robbery,  is  caught  by  B  irr 
the  act  of  burglary.  A  offers  him  the  loot  to  be  let  go  and  B  lets 
'him  off  and  keeps  the  loot. 

A  knows  B  to*  be  a  professional  burglar,  but  says  nothing 
about  it.  B  in  appreciation  of  this  gives  A  $1000. 

A  stole  a  rifle  worth  $50  from  B.  B  swore  out  a  warrant  for 
A's  arrest,  but  later  gave  the  policeman  $10  not  to  serve  it.  B 
has  got  the  rifle  back  and  $10  to  give  the  patrolman. 

A  committed  a  felonious  assault  on  B  for  which  there  was  a 
criminal  and  civil  suit  entered.  A  paid  B  $100  in  settlement  of 


74  PRACTICAL  POLICE  WORK 

the  civil  suit  and  stayed  out  of  the  jurisdiction  when  the  criminal 
trial  was  called. 

A  and  B  agree  to  corner  the  stock  of  bunting  and  obtain  all 
of  the  supply  there  is  except  that  in  store  houses.  They  hire  D 
who  is  Cs  employee,  to  steal  all  C's  bunting,  take  it  to  a  yard 
adjoining  tenement  houses  and  with  the  aid  of  E  burn  it. 

A  and  B  for  the  purpose  of  obtaining  Government  contracts 
hire  C,  an  employee  of  the  department,  to  tip  them  off  as  to 
the  amount  of  other  bids  which  he  is  able  to  do  by  obtaining  the 
figures  through  transparent  envelopes. 

A  and  B  for  the  purpose  of  keeping  D  out  of  competition 
with  them,  hire  C,  a  lawyer,  to  bring  a  number  of  suits  against  D 
so  that  he  would  not  be  able  to  give  attention  to  the  business  in 
hand. 

A  for  the  purpose  of  finding  out  if  there  are  any  traitors  in 
a  secret  society,  secretes  himself  in  a  closet  during  the  meeting 
and  is  discovered  there. 

A  for  the  purpose  of  covering  up  a  defalcation,  burns  up  an 
account  book  and  charges  B  with  stealing  it. 

A  child  of  TO  throws  a  stone  with  a  sling,  hits  a  chauffeur  on 
the  wrist,  who  lets  go  of  his  wheel.  The  car  runs  into  a  bank 
and  one  of  the  passengers  is  thrown  out.  This  passenger  follows 
the  boy  and  beats  him  so  severely  that  he  had  to  be  carried  home. 

A,  a  citizen,  arrests  a  man  for  robbing  a  woman  in  the  street. 
He  does  not  know  what  to  do  with  his  prisoner,  so  B,  a  third 
party,  says  he  will  hold  on  to  him  while  A  is  telephoning  for  a 
policeman.  When  A  comes  out  the  prisoner  is  gone  and  B  ex- 
plains that  he  broke  away.  This  is  denied  by  others  present. 
Then  you  come  along  and  A  insists  that  you  arrest  B.  What 
should  you  do?  If  you  did  arrest  him  what  charge  would  you 
make? 

Suppose  the  man  who  escaped  had  been  arrested  for  simple 
assault,  would  you  arrest  B  for  letting  him  escape  ?  Why  ?  Give 
reasons. 

If  the  citizen  had  let  him  go  after  arresting  him  for  the  crime, 
Avhat  penalty  would  he  incur?  Explain. 

If  an  officer  allows  a  prisoner  to  go  wtto  tells  him  he  is  a 
friend  of  the  Commissioner  and  will  have  him  broke,  of  what 
crime  is  the  officer  guilty? 

A,  B,  C  and  D  live  together  in  a  flat.  A  makes  bombs,  in- 
tending to  kill  capitalists.  B  buys  some  of  the  explosive  matter 
to  oblige  A..  C  knows  of  the  bomb-making  and  discusses  and  ad- 
vises the  uses  to  which  they  are  to  be  put.  D  knows  of  the  work 


PRACTICAL  POLICE  WORK  75 

and  sympathizes  with  it,  but  is  not  known  to  take  any  part  either 
in  the  making  of  the  bombs  or  in  the  discussion  concerning  them. 
Which  of  them  are  breaking  the  law  and  why? 

X  and  Y  are  detectives  who  have  the  adjoining  flat,  instal  a 
dictophone,  listen  to  the  conversations  and  make  notes.  While 
they  are  listening,  a  bomb  blows  up,  kills  A  and  X  and  another 
innocent  tenant  in  the  house. 

Explain  the  crimes  for  which  the  offenders  are  liable  to  ar- 
rest, and  the  evidence  to  collect  for  their  conviction. 

Suppose  a  magistrate,  while  on  his  way  to  court,  saw  an 
altercation  between  a  teamster  and  the  chauffeur  of  a  private 
auto,  who  accused  the  teamster  of  wantonly  injuring  the  auto. 
The  teamster  left  his  wagon  and  assaulted  the  chauffeur  with  his 
fists;  then  after  remounting  his  wagon  gave  vent  to  a  stream  of 
filthy,  coarse  and  obscene  language.  There  is  no  policeman  in 
sight. 

What  is  the  power  of  the  magistrate  in  such  a  case  ?  What  is 
his  duty?  Give  the  full  procedure. 

(a)  Suppose  the  chauffeur  appeared  against  the  teamster? 

(b)  Suppose  he  did  not? 

What  courts  have  authority  to  compel  offenders  to  keep  the 
peace  ?  «***> 

For  how  long?  ] 

What  class  of  offences  is  concerned  in  such  cases? 

What  exceptions  to  such  a  class? 

When  is  such  an  undertaking  broken? 

What  are  the  penalties  for  breaking  such  an  undertaking? 

Suppose  you  were  told  that  a  certain  woman  was  asked  to 
give  false  testimony  and  incited  to  it  by  the  pretense  that  the 
party  against  which  it  was  to  be  given  had  injured  her.  What 
would  you  do? 

The  following  objections  are  made  to  persons  offering  them- 
selves as  bondsmen  at  a  station  house.  State  which  of  them  are 
valid  and  which  are  not,  giving  reasons. 

(a)  A  man  claiming  to  be  the  owner  of  real  estate  is  alleged 
to  have  only  a  life  interest  therein. 

(b)  A  man  claims  that  he  is  the  owner  of  property,  but  it  is 
alleged  that  the  mortgages  and  his  wife's  dower  right  leave  him 
no  equity. 

(c)  A  man  offers  a  piece  of  property  as  security  which  it  is 
alleged  he  does  not  own.* 

(d)  A  man  offers  himself  as  a  bondsman  who  it  is  alleged 
is  not  a  citizen. 


76  PRACTICAL  POLICE  WORK 

(e)  A  man  offers  himself  as  a  bondsman  who  is  alleged  to 
fee  the  owner  of  a  disorderly  house,  a  gambling  house  and  is  a 
professional  bondsman. 

A,  man  offers  himself  who  it  is  alleged  is  an  ex-convict  from  a 
State  prison. 

A,  a  resident  on  the  beat  of  Patrolman  B  and  well  known  to 
the  patrolman,  is  walking  on  the  sidewalk  when  his  brother  and 
two  special  officers  seize  him  and  force  A  into  an  automobile. 

A  calls  on  B  for  protection.  B  jumps  aboard  of  the  machine. 
A's  brother  shows  a  court  order  committing  A  to  a  lunatic  asy- 
lum. A  says  it  is  fraudulently  obtained,  that  the  brother  wants 
him  incarcerated  so  as  to  make  away  with  certain  property.  The 
policeman  says  they  must  go  to  the  station.  A's  brother  shoves  B 
•off  the  running  board  and  the  car  starts  off.  B  commandeers 
another  machine  and  follows.  He  fires  his  revolver  at  the  tire  of 
the  retreating  auto  and  wounds  one  of  the  officers  in  the  leg. 
They  escape.  B  waits  for  A's  brother  and  arrests  him  for  kid- 
naping. Discuss  the  conduct  of  B  as  to  the  propriety  or  impro- 
priety of  his  conduct. 

A  informs  you  that  he  caught  B  picking  his  pocket  and  ar- 
rested him.  B  denied  that  A  had  the  right  to  arrest  and  refused 
to  go  along.  Then  he  broke  away  from  A  and  ran  into  a  stable, 
closing  and  bolting  the  door.  A  was  about  to  force  the  door 
when  C  arrived  and  told  A  to  go  about  his  business  or  he  would 
punish  him  for  destroying  C's  property.  C  was  owner  of  the 
stable.  A  appeals  to  a  policeman.  Explain  all  the  information 
the  policeman  should  give  A  as  to  his  powers  and  what  assist- 
ance he  should  render  to  A. 

The  right  to  carry  arms  is  guaranteed  to  every  citizen  of  the 
United  States  by  the  Constitution.  How  is  the  exercise  of  this 
right  regulated  by  the  State? 

(a)   With  regard  to  the  nature  of  the  arms: 
'       (b)  With  regard  to  the  keeping  of  them; 

(c)   With  regard  to  the  carrying  of  them. 

What  is  a  bench  warrant  and  in  what  cases  is  it  issued  ?  What 
are  you  to  do  if  one  is  delivered  to  you  ? 

How  can  an  officer  in  charge  of  a  prisoner  protect  himself 
when  taking  his  prisoner  through  a  neutral"  county  ? 

Suppose  a  warrant  was  simply  signed  in  blank  by  a  magis- 
trate who  did  not  know  the  name  of  the  defendant.  In  what 
particulars  would  it  be  defective? 


CHAPTER  VI 
EXTRADITION 

When  a  person  commits  a  serious  offence  in  New  York  and 
•escapes  to  another  place,  say  Chicago  where  he  is  located,  the 
matter  is  first  laid  before  the  District  Attorney  by  the  detective 
.and  his  witnesses.  The  District  Attorney  may  present  the  facts 
to  the  grand  jury,  and  upon  the  issuance  of  an  indictment,  make 
out  a  bench  warrant  and  give  it  to  the  detective  to  execute. 

Notice  of  the  facts  is  next  sent  to  the  police  of  Chicago  who 
-arrest  the  fugitive,  and  if  he  refuses  to  waive  extradition  an  ex- 
emplified copy  of  the  indictment  is  sent  to  Chicago.  Upon  this  a 
magistrate  in  that  city  may  hold  the  fugitive  for  thirty  days. 

The  complainant  has  to  make  an  affidavit  setting  forth  the 
facts  of  the  crime,  that  the  accused  was  in  New  York  on  the  day 
it  was  committed,  and  asking  that  he  be  returned  to  New  York 
to  be  prosecuted. 

The  District  Attorney  next  makes  application  to  the  Gov- 
ernor of  this  State  for  an  authorization  to  bring  back  the  pris- 
•oner.  giving  it  as  his  opinion  that  the  accused  committed  the 
-crime  and  naming  the  officer  who  is  to  bring  the  prisoner  back. 
Three  warrants  are  signed  by  the  officer  and  endorsed  on  the  back 
that  the  accused  cannot  be  found  in  the  State  of  New  York. 

The  application,  certified  copies  of  indictment,  bench  warrant 
and  affidavit  of  complaint  in  regard  to  flight  are  collected  together, 
duplicate  copies  made  and  sent  to  the  Governor  of  this  State. 
When  he  examines  them  and  is  satisfied  he  files  one  and  returns 
the  other  to  the  District  Attorney  with  the  requisition  and  the 
.authorization  to  the  officer  to  receive  the  prisoner. 

The  Governor  of  Illinois,  after  receiving  and  examining  the 
papers  and  requisition,  makes  out  a  warrant  to  the  proper  au- 
thorities directing  them  to  turn  over  the  prisoner  to  the  New 
York  authorities.  This  warrant  is  delivered  to  the  officer  having 
the  man  in  custody  who  thereupon  turns  him  over  to  the  New 
York  detectives  who  take  him  back  to  New  York. 

77 


78  PRACTICAL  POLICE  WORK 

Should  the  prisoner  waive  extradition  proceedings,  the  de- 
tective goes  at  once  to  Chicago  with  the  bench  warrant  and  a 
certified  copy  of  the  indictment.     The  prisoner  signs  a  waiver  / 
and  is  at  once  delivered  to  the  detective  from  New  York. 

When  a  person  commits  in  Chicago,  say  a  crime  classed  as  a 
felony  in  New  York  and  that  fact  is  communicated  to  New  York 
where  he  now  is,  the  police  here  can  arrest  him  and  hold  him 
for  extradition.  When  the  offence  is  a  misdemeanor  an  exem- 
plified copy  of  the  indictment  or  complaint  must  come  from 
Chicago  and  upon  it  a  New  York  magistrate  can  issue  a  warrant 
and  the  man  can  be  arrested.  Then  the  Chicago  authorities  send 
a  certified  copy  of  the  indictment  or  complaint,  meantime  the 
accused  being  held  on  a  short  affidavit  pending  its  arrival.  When 
it  arrives  the  detective  makes  out  a  full  complaint  against  the 
accused,  attaches  to  the  papers  the  indictment  or  complaint  and 
has  the  magistrate  hold  him  for  thirty  days  pending  a  warrant 
from  the  Governor  of  the  State  of  New  York.  If  it  be  not  issued 
in  that  time  the  prisoner  is  discharged. 

The  Governor's  warrant  can  be  sent  to  the  Police  Department 
first  or  through  the  Chicago  officer  who  applies  for  it.  It  is  taken 
by  the  detective  to  the  prison  warden  who  leaves  a  receipt  in  ex- 
change for  the  prisoner  whom  he  takes  to  the  District  Attorney's 
office  where  if  the  accused  sign  a  waiver  he  is  turned  over  to 
the  Chicago  authorities,  a  receipt  given  on  the  back  of  the  warrant 
which  is  returned  to  the  Detective  Bureau  and  through  the  Com- 
missioner sent  to  the  Governor. 

Should  the  accused  refuse  to  sign  a  waiver  he  is  taken  be- 
fore a  Judge  of  the  Supreme  Court,  or  court  of  record  where  he 
can  raise  the  question  of  not  having  been  in  the  State  of  Illinois 
at  the  time  of  the  crime,  but  no  other  issue.  He  can  go  to  the 
Governor  on  this  question  on  appeal.  When  the  Court  decides 
against  him  he  is  turned  over  to  the  Illinois  authorities  in  the 
manner  already  described.  If  he  were  out  on  bail,  his  bondsmen 
must  produce  him  upon  notice  from  the  District  Attorney. 

The  waiver  which  the  prisoner  signs  in  the  District  Attorney's 
office  is  one  making  it  unnecessary  to  go  before  a  Judge  of  the  Su- 
preme Court ;  otherwise  extradition  proceedings  cannot  be  waived 
in  this  State.  Neither  can  they  in  New  Jersey  and  Pennsylvania,, 
so  that  in  these  States  papers  must  be  obtained. 

The  signature  of  a  judge  of  a  court  of  record  is  sufficient  to 
an  exemplified  copy  of  the  complaint  to  be  sent  to  the  Governor 
when  the  grand  jury  is  not  in  session.  The  practice  of  holding 


PRACTICAL  POLICE  WORK  79 

the  prisoner  for  thirty  clays  pending  extradition  is  general,  but 
not  universal  in  all  States. 

INTERNATIONAL  EXTRADITION 

For  the  purpose  of  illustration,  we  will  assume  that  in  the 
County  of  New  York,  Brown  committed  an  extraditable  felony, 
fled  to  a  foreign  country  to  avoid  arrest,  and  that  his  whereabouts 
become  known  to  the  police. 

The  detective  handling  the  case  should  report  the  facts  to  the 
District  Attorney  of  the  County  where  the  crime  was  commitied. 

If  there  be  an  extradition  treaty  between  the  United  States 
and  the  foreign  country  to  which  Brown  has  fled,  the  ^District 
Attorney  hears  the  witnesses  and  if  satisfied  that  there  is  suffi- 
cient evidence  to  convict,  sends  a  telegram  to  the  Governor  of 
the  State  of  New  York,  stating  the  crime  with  which  Brown  is 
charged,  his  description,  where  he  is,  and  asks  that  he  be  arrested. 

Upon  receipt  of  such  request,  the  Governor  notifies  the  Sec- 
retary of  State  of  the  United  States  of  the  facts,  and  the  Depart- 
ment of  State  instructs  the  United  States  Miniser,  or  Ambassa- 
dor in  the  country,  where  Brown  is,  to  cause  his  arrest. 

The  Ambassador  or  Minister  makes  application  to  the  proper 
tribunal  for  the  man's  arrest  and  if  it  is  made,  he  notifies  the 
Secretary  of  State  of  the  United  States,  who  in  turn  notifies  the 
Governor  of  this  State  who  notifies  the  District  Attorney  of  the 
county  that  he  is  detained,  awaiting  extradition  papers. 

The  District  Attorney  then  has  the  witnesses  appear  before  a 
judge  of  a  high  court  (usually  a  Judge  of  General  Sessions)  and 
make  depositions  as  to  the  facts  in  the  case.  These  depositions 
are  attested  to  by  the  Judge  and  certified  to  by  the  Clerk  of  the 
Court.  They  are  also  certified  to  by  the  County  Clerk,  as  to  the 
election  of  the  Judge. 

Triplicate  copies  of  the  depositions  are  made,  to  one  of  which 
is  attached  an  application  to  the  Governor  of  the  State,  for  a 
requisition  upon  the  Secretary  of  State  of  the  United  States,  and 
all  are  forwarded  or  taken  to  the  Governor's  office  at  Albany. 
One  copy  is  retained  at  the  Governor's  office,  and  the  requisition 
of  the  Governor  is  attached  to  the  other  copies  which  are  for- 
warded, or  taken  to  the  office  of  the  Secretary  of  State,  in  Wash- 
ington. The  State  Department  in  Washington  retains  one  set  of 
-such  papers  and  the  Governor's  requisition,  the  other  set  is  authen- 
ticate 1  by  the  Secretary  of  State  of  the  United  States,  given  to 
the  officer,  with  the  warrant  of  the  President  of  the  United  States 


8o  PRACTICAL  POLICE  WORK 

and  a  letter  from  the  Secretary  of  State  of  the  United  States 
addressed  to  the  United  States  Ambassador,  or  Minister  in  the 
foreign  country  where  the  man  is  in  custody. 

Upon  the  officer's  arrival  in  the  foreign  country,  he  presents 
all  his  papers  at  the  Embassy,  or  Legation  and  the  necessary 
proceedings  for  the  delivery  of  the  fugitive  are  conducted  by  the 
Embassy. 

When  the  fugitive  Brown  is  delivered  into  the  custody  of  the 
officer,  who  is  the  agent  of  the  Government  of  the  United  States, 
he  is  brought  back  to  the  County  of  New  York  and  placed  in 
proper  confinement,  the  case  thereafter  taking  its  usual  course. 


CHAPTER  VII 

HOMICIDE,  ARSON,  ASSAULT,  ETC. 
Compounding  a  Crime 

To  compound  a  crime  there  must  have  been  a  crime  commit- 
ted and  then  corrupt  agreement  to  let  the  criminal  get  off.  The 
corruption  may  consist  in  taking  money,  property,  gratuity,  re- 
ward or  even  a  promise.  The  agreement  may  either  be  expressed 
or  implied  and  the  promise  may  be  to  conceal  a  crime,  abstain 
from  or  delay  prosecution  or  withhold  evidence.  This  does  not 
apply  to  certain  misdemeanors  known  as  private  crimes  which 
may  be  compromised  with  the  consent  of  the  Court. 

Compounding  a  felony  is  a  felony;  compounding  a  misde- 
meanor is  a  misdemeanor.  The  agreement  in  itself  constitutes 
the  crime  even  though  it  be  never  carried  out. 

Examples : 

Brown  cashed  a  check  forged  by  Black  and  di4  not  prose-, 
cute  him  because  he  made  good  the  amount  of  the  check. 

Brown's  watch  was  stolen  from  his  pocket  by  Black,  and  it 
was  returned  to  him  because  h£  agreed  not  to  prosecute. 
The  mere  taking  of  one's  goods  back  again  or  receiving 
reparation  is  no  offence  if  no  favor  is  shown  or  agreed 
to  be  shown  to  the  thief. 

Brown  knew  that  Black  committed  a  robbery  and  received 
a  sum  of  money  from  Black  because  he  agreed  not  to  in- 
form the  police. 

Brown  was  to  be  a  witness  against  Black  who  was  to  be 
tried  for  robbery.  He  fled  the  jurisdiction  of  the  court 
because  Black  gave  him  a  sum  of  money. 

The  offence  of  compounding  a  felony  is  complete  at  the  time 
when  the  agreement  to  refrain  from  prosecuting  is  made. 

81 


82  PRACTICAL  POLICE  WORK 

Advertising 

Various  kinds  of  advertising  are  forbidden  by  law. 

Advertising  counterfeit  money  for  sale  or  anything  that  pur- 
ports to  be  counterfeit  money,  stamps  or  token  of  value,  or  aid- 
ing in  it  with  knowledge  is  a  felony. 

Advertising  by  placard  anything  in  which  you  are  inter- 
ested on  the  property  of  another  without  consent  is  not  only  a 
misdemeanor  but  there  is  a  presumption  of  guilt  on  the  inter- 
ested party  which  he  must  overcome.  That  presumption  war- 
rants a  policeman  in  making  an  arrest  if  the  circumstances  war- 
rant an  arrest. 

To  advertise  an  offer  to  procure  a  divorce  or  dissolution  of 
the  marriage  tie  or  to*  engage  as  an  attorney  for  such  purpose  is 
a  misdemeanor. 

To  advertise  the  treatment  of  private  diseases  is  a  misde- 
meanor. 

To  use  the  United  States  flag  or  the  State  flag  for  advertising 
purposes  is  a  misdemeanor. 

False  and  misleading  advertising  for  the  purpose  of  making 
a  sale  is  a  misdemeanor  as  are  false  statements  about  the  pur- 
chase or  a  sale  of  securities  of  a  corporation  with  intent  to  de- 
ceive the  public. 

Selling  real  estate  by  means  of  prizes,  distinctions  or  puzzles 
is  a  misdemeanor.  So  is  the  placing  of  advertising  matter  in  any 
postable  place  in  a  public  street,  such  as  a  curb  post  or  hydrant. 

Throwing  or  causing  to  be  thrown  advertising  matter  in  the 
street,  yards  of  private  persons,  stoop,  vestibule  or  letter  box  of 
a  building  is  a  violation  of  the  city  ordinances,  as  is  the  driving 
of  an  advertising  wagon  through  the  streets.  This  does  not  apply 
to  the  ordinary  signs  of  a  firm's  regular  business  wagons. 

The  city  can  punish  by  ordinance  the  tearing  down  of  its 
placards. 

ARSON 

Arson  was  originally  the  setting  of  a  house  on  fire  in  the 
night  time  in  which  there  was  a  human  being.  That  was  once 
a  capital  offence  and  is  still  arson  in  the  first  degree. 

The  crime  of  arson  has  been  broadened  greatly  in  this  State. 
The  house  may  not  be  burned  directly  if  a  structure  is  set  on  fire 
which  may  communicate  to  it,  but  a  house  must  be  concerned 
in  the  fire.  The  time  of  the  commission  of  the  crime  is  no 
lor.ger  restricted  to  the  night  time  but  include?  the  day  time 


PRACTICAL  POLICE  WORK  83 

as  well.  The  person  whose  life  has  been  risked  need  not  have 
been  in  the  house  at  the  time  of  the  fire.  It  is  enough  if  some- 
body is  ordinarily  there.  A  house  includes  boat,  car  or  any 
structure. 

Arson  is  a  felony.  The  insurance  people  have  had  a  provi- 
sion added  to  the  law  making  it  a  felony  to  burn  a  building  for 
the  purpose  of  collecting  insurance.  Under  the  provision  "build- 
ing" also  includes  any  structure  or  car.  Collecting  insurance  is 
the  motive  in  the  majority  of  arson  cases.  Pyromaniac,  a  mal- 
ady of  the  weak-minded;  revenge  and  the  concealment  of  crime 
are  other  motives. 

Th~e  insurance  collecting  arsonites  are  of  two  kinds. 

1.  Victims  of  business  reverses  trying  to  recoup  losses. 

2.  Professional  fire-makers  who  set  their  own  fires  or  hire 
their  services  out  for  pay  to  others.     The  latter  kind  are  the 
most  dangerous.     They  hunt  up  merchants  in  business  difficul- 
ties,  over-insure  their  own  goods   or   remove   insured   property 
before   setting   the  fire.     They   move   from  place  to  place  and 
assume  different  names  to  avoid  detection  of  the  insurance  com- 
panies and  the  public  authorities. 

Pyromaniacs  are  mental  defectives  who  delight  in  the  excite- 
ment a  fire  creates.  They  are  not  numerous. 

Arson  for  revenge  is  more  frequent  than  pyromania.  Any- 
thing which  excites  such  desire  for  revenge  as  to  induce  the  com- 
mission of  a  crime  is  likely  to  provoke  the  crime  of  arson  if  the 
revenge  can  be  gratified  best  in  that  way.  Arson  to  conceal  homi- 
cide or  other  crimes  is  infrequent  and  not  of  sufficient  impor- 
tance to  warrant  discussion. 

Arson  is  hard  to  prevent  and  difficult  to  detect.  For  this 
reason  the  city  employs  a  corps  of  assistant  fire  marshals  to  run 
down  the  perpetrators.  With  these  men  policemen  are  to  co- 
operate, but  inasmuch  as  the  patrolman  on  post  is  the  one  most 
likely  to  discover  a  case  of  arson  and  as  the  evidence  of  the 
crime  can  best  be  secured  at  the  time  of  its  commission  the 
policeman  should  neglect  no  opportunity  to  use  the  best  efforts 
and  the  most  diligent  endeavors  to  detect;  secure  and  preserve 
whatever  evidence  of  the  crime  may  be  available  at  the  time  of 
his  making  the  discovery. 

Quickness  of  thought  and-  action,  acuteness  of  observation, 
extreme  care  in  noting  conditions,  circumstances  and  details  are 
of  the  greatest  importance  to  the  policeman  who  has  first  dis- 
covered such  a  fire  as  may  have  been  set  by  a  "fire  bug." 

Since  the  crime  of  arson  must  in  most  cases  be  proved  by 


i*4  PRACTICAL  POLICE  WORK 

circumstantial  evidence  every  circumstance  of  probative  value 
should  be  noted.  These  include  the  time  the  fire  started ;  who 
saw  it  first ;  where  it  started ;  who  first  entered  the  burning 
building ;  how  he  entered ;  what  he  found ;  what  he  saw. 

Antecedent  facts,  that  is  facts  which  went  before  are  very 
important.  Who  was  last  seen  in  the  building;  when;  how  was 
he  occupied ;  was  the  time  a  usual  time  for  his  presence  ?  Were 
.any  packages  seen  to  be  carried  into  the  building  recently;  by 
whom  ? 

Conditions  found  in  the  building  are  important.  Traces  of  a 
lighted  candle  where  it  ought  not  to  be ;  trains  of  inflammables 
to  lead  the  fire  to  other  parts ;  the  remnants  of  burst  bladders ; 
wood  soaked  with  kerosene  oil ;  soaked  clothes  in  closets ;  powder 
concealed  in  mattresses ;  time  fuses  on  the  premises ;  escaping 
gas  from  an  open  jet  near  an  open  light. 

The  solvent  condition  of  the  insured  is  important.  Had  the 
stock  been  running  down ;  was  business  bad ;  was  the  place  over- 
stocked ;  was  the  insurance  disproportionate  to  the  stock  value. 

The  previous  character  of  the  owner  is  important.  Was  he 
an  habitual  drunkard ;  had  he  had  other  fires  ;  was  he  honest  in 
his  dealings  ? 

The  policeman  first  on  the  scene  should  see,  hear,  observe 
and  take  notes ;  preserve  everything  even  the  slightest  detail  from 
being  molested ;  allow  nobody  but  the  firemen,  assistant  fire 
marshals  or  the  detectives  to  get  at  facts ;  refuse  to  discuss 
anything  he  learned  with  an  outsider  and  give  full  particulars 
to  the  detectives  and  marshals  when  they  arrive. 

Examples  of  the  things  which  might  be  important  in  detect- 
ing arson  would  be  unlighted  candles  on  hand  or  the  remains  of 
one  that  might  have  been  used  ;  oil  cans  on  the  premises  par- 
ticularly if  they  bore  marks  of  finger  prints;  packages  and  paper 
boxes  in  which  oil  cans  might  have  been  wrapped ;  tags  or  labels 
on  such  packages  to  identify  the  place  in  which  it  might  have  been 
purchased. 

Precautions  of  the  firebug  to  cover  his  get-away  are  impor- 
tant. Drawn  blinds,  covered  windows,  etc.,  should  be  noted. 

The  salvaging  of  important  or  valuable  articles  in  advance 
would  be  significant.  Had  jewelry,  oil  paintings,  silverware,  ex- 
pensive clothing  or  very  valuable  merchandise  been  removed; 
horses  taken  from  stables  or  automobiles  from  garages?  Had 
papers  or  valuable  records  been  removed  in  advance?  Were  the 
goods  destroyed  unfashionable  or  out  of  season? 

If  the  person  under  suspicion  can  be  found  quickly  he  should 


PRACTICAL  POLICE  WORK  85 

be  subjected  to  rigid  and  searching  examination,  not  only  for 
the  purpose  of  getting  incriminating  admission  but  to  get  his 
statements  before  there  is  time  for  concoction  in  order  to  check 
them  up.  Incendiarists  are  wily  and  pretend  to  misunderstand ; 
hence  an  officer  who  speaks  their  language  should  be  present 
to  assist  in  the  questioning. 

The  whereabouts  of  a  suspect  before  and  at  the  time  of  the 
fire,  the  persons  in  his  company;  the  insurance  he  carried;  how 
long  it  had  been  carried,  should  be  ascertained.  The  better  the 
alibi  offered  the  more  suspicious  the  detective  should  be.  Inno- 
cent persons  do  not  have  their  alibis  all  ready  as  the  man  who 
plots  the  thing  in  advance  is  likely  to  have. 

If  an  arrest  be  made  his  home  if  elsewhere  should  be 
searched  for  any  thing  in  the  nature  of  articles  or  documents  that 
would  prove  evidential.  An  arrest  should  be  made  only  after 
it  is  evident  that  the  fire  was  criminal.  The  homes  of  near 
relatives  might  also  bear  investigation. 

Pyromaniacs 

Pyromaniacs  usually  stay  in  the  neighborhood  of  the  fire 
which  they  started  to  enjoy  the  excitement.  They  can  be  found 
in  doorways  in  the  immediate  vicinity  often  with  the  evidence 
of  their  acts  upon  them.  "They  have  even  been  known  to  send 
i  i  the  alarm  or  report  the  fire  to  a  policeman.  They  generally 
live  in  the  neighborhood  and  if  there  is  evidence  of  pyromania 
the  weak-minded  of  the  neighborhood  should  be  looked  up. 

If  the  pyromaniac  does  not  succeed  in  getting  his  first  fire 
started  he  usually  starts  another  and  another.  In  fact  two  or 
three  fires  in  the  same  neighborhood  in  the  same  night  is  often 
set  by  him.  Whenever  anything  like  that  occurs  the  policeman 
should  be  extremely  careful  to  notice  anybody  showing  excite- 
ment or  extreme  interest  in  the  fires.  Frequently  some  of  the 
substances  which  they  used  in  setting  the  fires — oils,  matches, 
excelsior,  are  carried  around  with  them  while  the  firemen  are 
extinguishing  the  fires. 

Arson  in  First  Degree 

A  person  who  wilfully  burns  or  sets  on  fire  in  the  night  time 
T.     A  dwelling  house  in  which  there  is  at  the  time  a  human 

being;  or 
2.     A  car,  vessel,  or  other  vehicle,  or  a  structure  or  build- 


86  PRACTICAL  POLICE  WORK 

ing  other  than  a  dwelling  house,  wherein,  to  the  knowl- 
edge of  the  offender,  there  is,  at  the  time,  a  human  being. 
Is  guilty  of  arson  in  the  first  degree. 

Arson  in  Second  Degree 

A  pe'rson  is  guilty  of  arson  in  the  second  degree  who: 

1.  Commits  an  act  of  burning  in  the  day  time,,  which,  if 

committed  in  the  night  time,  would  be  arson  in  the  first 
degree;  or, 

2.  Wilfully  burns,  or  sets  on  fire,  in  the  night  time,  a  dwell- 

ing house,  wherein,  at  the  time,  there  is  no  human 
being;  or, 

3.  Wilfully   burns,   or   sets    on   fire,   in   the   night   time,   a 

building  not  inhabited  but  adjoining  or  within  the  cur- 
tilage of  an  inhabited  building,  in  which  there  is,  at  the 
time,  a  human  being,  so  that  the  inhabited  building  is 
endangered,  even  though  it  is  not  in  fact  injured  by 
the  burning;  or, 

4.  Wilfully  burns,  or  sets  on  fire,  in  the  night  time,  a  car, 

vessel,  or  other  vehicle,  or  a  structure  or  building,  ordi- 
narily occupied  at  night  by  a  human  being,  although 
no  person  is  within  it  at  the  time;  or, 

5.  Wilfully  burns,  or  sets  fire,  a  vessel,  car,  or  other  vehicle, 

or  a  building,  structure,  or  other  erection,  which  is  at 
the  time  insured  against  loss  or  damage  by  fire,  with 

intent  to  prejudice  or  defraud  the  insurer  thereof. 

• 

Arson  in  Third  Degree 

A  person  who  wilfully  burns  or  sets  on  fire,  a  vessel,  car,  or 
other  vehicle,  or  a  building,  structure,  or  other  erection, 
under   circumstances    not   amounting   to   arson    in   the 
first  or  second  degree, 
Is  guilty  of  arson  in  the  third  degree. 

Since  burning  to  collect  insurance  was  removed  from  third  to 
second  degree  arson  it  is  now  difficult  to  tell  what  is  arson  in  the 
third  degree. 

Assault 

There  are  three  degrees  of  assault.  The  first  two  are  felo- 
nies, the  third  a  misdemeanor,  viz.:  simple  assault.  A  policeman 


PRACTICAL  POLICE  WORK  87 

* 

for  the  purpose  of  an  arrest  should  know  whether  the  assault  is 
simple  or  felonious.  For  the  purpose  of  conviction  he  should  be 
careful  to  note  whether  the  conditions  or  circumstances  make 
the  crime  one  of  the  first  or  second  degree. 

One  kind  of  felonious  assault  includes: 

Deliberate  and  wrongful  striking  with  a  weapon  or  instru- 
ment likely  to  do  grievous  bodily  harm.  The  harm  need  not 
have  been  done  if  the  weapon  used  was  likely  to  do  it. 

Examples : 

Black  stabbed  White  with  a  knife  slightly  injuring  him. 
Felonious  Assault. 

Black  struck  White  with  a  cardboard  box  slightly  injuring 
him. 

Simple  Assault. 

Another  way  of  committing  felonious  assault  is  to  adminis- 
ter a  drug,  medicine  or  the  like,  if  the  drug  be  ordinarily  harm- 
ful to  life,  and  the  intent  be  to  do  the  victim  injury. 
Examples : 
Black   sent   White  a  box   of   poisoned   candy,   which   White 

partook  of. 

Black,  with  evil  intent,  administered  poison  to  his  wife. 
Sometimes  the  police  are  called  on  to  take  action  in  cases 
where  it  is  not  clear  that  the  person  who  administered  the  drug 
or  poison  had  criminal  intent.     If  a  prima  facie  case  be  estab- 
lished, a  summary  arrest  can  be  made.     If,  however,  it  is  appar- 
ent that  there  was  no  criminal  intent,  an  arrest  should  not  be 
made  except  on  a  warrant. 
Example : 

Brown,  a  nurse,  administered  arsenic  to  Jones,  a  patient, 
injuring  him,  and  on  investigation  it  was  apparent  that 
it  had  been  administered  by  mistake. 

A  third  way  to  commit  felonious  assault  is  to  administer  a 
drug,  intoxicating  narcotic  or  anesthetic  agent  with  intent  to  effect 
the  commission  of  another  crime. 

Black,  intending  to  rob  White,  put  chloral  in  the  beer  which 

White  was  drinking. 

Black,   while   committing  burglary   in   White's   house,   ad- 
ministered chloroform  to  the  inmates. 
Black,  intending  to  know  a  woman  carnally,  administered 

morphine  to  her. 

Grievous  bodily  injury,  wilfully  inflicted  even  without  a 
weapon  is  a  fourth  way  of  committing  felonious  assault,  as  if 


88  PRACTICAL  POLICE  WORK 

Brown  broke  Jones's  leg  by  striking  him  with  an  automobile  he 
was  operating  wrecklessly. 

A  fifth  way  to  commit  felonious  assault  is  with  intent  to  com- 
mit a  felony,  resisting  a  court  order  or  a  lawful  arrest,  as  if 
Brown  hit  a  woman  while  trying  to  rob  her  or  hit  a  policeman  to 
escape  from  custody. 

When  the  conditions  attending  the  commission  of  an  as- 
sault are  not  felonious,  the  assault  is  simple,  and  the  crime  is  a 
misdemeanor.  The  most  common  are,  unlawfully  striking  an- 
other with  the  hand,  unlawfully  pushing  a  person,  slightly  injur- 
ing a  person  by  striking  him  with  a  weapon  not  likely  to  inflict 
serious  bodily  injury  and  the  like. 

Degrees 

A  person  is  guilty  of  Assault  in  the  First  Degree  (Felony) 
who,  with  an  intent  to  kill  a  'human  being,  or  to  commit  a 
felony  upon  the  person  or  property  of  the  one  assaulted,  or  of 
another. 

1.  Assaults  another  with  a  loaded  fire  arm,  or  other  deadly 
weapon,   or   by   any   means   or   force   likely   to   produce 
death;  or 

2.  Administers  to  or  causes  to  be  administered  to  or  taken 
by  another,  poison,  or  any  other  destructive  or  noxious 
thing,  so  as  to  endanger  the  life  of  such  other. 

A  person  is  guilty  of  Assault  in  the  Second  Degree  (Felony) 
who,  under  circumstances  not  amounting  to  the  crime  in  the  fore- 
going section : 

1.  With  intent  to  injure,  unlawfully  administers  poison  to, 
or   causes   to  be  administered  to,   or  taken  by  another, 
or  any  other  destructive  or  noxious  thing,  or  any  drug 
or  medicine  the  use   of  which  is   dangerous  to   life  or 
health;  or 

2.  With  intent  thereby  to  enable  or  assist  himself  or  any 
other  person  to  commit  any  crime; 

Administers  chloroform,  ether,  laudanum  to  or  causes 
to  be  administered  to,  or  taken  by  another  or  any  other 
intoxicating  narcotic  or  anesthetic  agent ;  or 

3.  Wilfully  and  wrongfully  assaults  another  by  the  use  of 
a  weapon,  or  other  instrument  or  thing  likely  to  pro- 
duce grievous  bodily  harm;  or 

5.     Assaults  another  with  intent  to  commit  a  felony,  or  to 
prevent  or  resist  the  execution  of  any  lawful  process  or 


PRACTICAL  POLICE  WORK  89 

mandate  of  any  court  or  officer,  or  the  lawful  apprehen- 
sion or  detention  of  himself,  or  of  any  other  person. 
A  person  is  guilty  of  Assault  in  the  Third  Degree   (Misde- 
meanor) who  commits  an  assault,  or  an  assault  and  battery  not 
specified  in  the  foregoing. 

DYING  DECLARATIONS 

Inasmuch  as  dying  declarations  must  be  taken  in  accord- 
ance with  the  statute,  the  methods  of  taking  them  should  be 
carefully  studied,  otherwise  the  statement  if  taken  would  not  be 
admissible  as  evidence. 

The  thing  of  greatest  importance  is  that  the  victim  believes  he 
is  going  to  die  as  the  result  of  the  injuries  received  and  makes  a 
statement  of  the  belief  before  making  the  declaration. 

The  following  is  a  sample  of  the  questions  that  may  be  asked: 

Q.     What  is  your  name? 

Q.     Where  do  you  live? 

Q.     Do  you  now  believe  that  you  are  about  to  die? 

Q.  Have  you  any  hopes  of  recovery  from  the  effects  of  the 
injury  you  have  sustained? 

Q.  Are  you  willing  to  make  a  true  statement  as  to  how  and 
in  what  mannef  you  came  by  the  injury  from  which  you  are  now 
suffering  ?  , 

Statement:  (If  posible  the  statement  should  be  written  out 
and  the  victim's  signature  obtained.) 

Witnesses : 


If  the  victim  be  about  to  die  and  does  not  believe  it,  the  doctor 
should  be  requested  to  tell  him  so.  If  he  still  refuses  to  admit 
his  belief  in  near  death  the  statement  cannot  be  admitted  as 
evidence,  but  should  be  taken  nevertheless. 

It  is  also  a  good  plan  to  have  the  victim  of  a  crime  and  the 
person  accused  confront  each  other.  Important  admissions  or 
identifications  are  often  obtained  in  this  way. 

HOMICIDE 

Homicide  is  the  most  serious  of  all  crimes.  It  is  the  taking  of 
one  human  being's  life  by  the  act,  procurement  or  omission  of 
another. 

Homicide  is  divided  into  four  kinds,  two  of  which  are 
crimes  and  two  of  which  are  not.  The  two  grades  constituting 


90  PRACTICAL  POLICE  WORK 

crime  are  called  murder  and  manslaughter,  and  the  other  two 
are  justifiable  homicide  and  excusable  homicide.  A  policeman 
should  make  an  arrest  surely  in  the  first  two,  possibly  in  the 
other  two  cases  in  the  interest  of  precaution. 

Both  murder  and  manslaughter  are  felonies.  There  are  two 
degrees  of  murder,  but  a  policeman  is  interested  'in  the  degree 
only  on  account  of  the  nature  of  the  evidence  he  is  collecting. 

First  degree  murder  is  committed  with  deliberation  and  pre- 
meditation. 

Example : 

Black  was  jealous  of  White  and  killed  him. 
By  an  act  imminently  dangerous  to  human  life  showing  a  de- 
praved mind. 
Example : 

Black  in  a  spirit  of  caprice,  fired  a  shot  at  White  and  killed 

him. 

While  committing  a  felony. 
Example : 

Black  robbed  White ;  as  a  result,  White  at  the  time  died  of 

heart  disease. 

Second  degree  murder  means  the  killing  of  another  without 
deliberation  and  premeditation  but  intentionally. 
Example : 

Black  accidentally  met  Brown  who  had  wronged  him,  and 

on  the  impulse  of  the  moment,  shot  and  killed  him. 
Manslaughter  means  the  killing  of  another  while  committing 
or  attempting  to  commit  a  misdemeanor. 
Example : 

Brown  struck  White  with  his  hand  and  caused  White's 
t  death. 

While  in  the  heat  of  passion. 
Example : 

Black  and  Brown  had  a  quarrel,  in  the  course  of  which 

Black  impulsively  drew  a  knife  and  killed  him. 
While  trespassing  on  a  private  right. 
Example : 

Black  was  trespassing  in  White's  home  and  in  trying  to 

eject  him,  White  lost  his  life. 
In  the  performance  of  an  illegal  abortion. 
Examples : 

Dr.  Black  performed  a  criminal  abortion  on  Jane  Doe,  and 
killed  her  unborn  quick  child. 


PRACTICAL  POLICE  WORK  91 

Dr.   Black   performed   a   criminal   abortion   on   Jane   Doe, 

and  caused  her  death. 
Jane  Doe  performed  an  abortion  on  herself,  and  killed  her 

unborn  quick  child. 

By  killing  an  unborn  quick  child  through  injury  to  the  mother. 
Example : 

Black   struck   a   woman   quick   with   child,   and   caused   a 

miscarriage. 

By  an  act  of  culpable  negligence. 
Examples : 

Brown,  an  engineer  having  charge  of  a  boiler,  wilfully 
created  an  undue  quantity  of  steam,  causing  the  boiler  to 
burst  and  kill  White. 

Brown,  an  elevator  operator,  through  gross  neglect,  left 
the  door  open.    White  stepped  through  it,  fell  through  the 
shaft  and  was  killed. 
Homicide  is  justifiable : 

When  committed  by  the  executioner  of  a  man  condemned  by 
law  to  die. 

By  a  public  officer  when  absolutely  necessary,  when  over- 
coming actual  resistance  to  a  court  order. 
.   Example : 

Patrolman  Jones  had  entered  Black's  house  to  execute 
a  search  warrant.  Black  absolutely  refused  to  permit 
the  search,  pointed  a  i^volver  at  Jones,  and  threatened  to 
shoot  him  if  he  did  not  immediately  depart.  Jones  did 
his  utmost  to  disarm  him,  and  being  unable  to  do  so, 
shot  him. 

By  a  public  officer  when  absolutely  necessary  in  arresting  a 
prisoner  for  a  felony. 
Example : 

Patrolman  Jones  had  Black  in  custody  for  robbery.    Black 
attempting  to  escape,  knocked  Jones  down  and  endeav- 
ored to  get  possession  of  his  revolver.     As  there  was 
imminent  danger  of  this,  Jones  shot  him. 
By  a  public  officer  when  absolutely  necessary  in  performing 
a  legal  duty. 
Example : 

Black,  after  committing  a  robbery,  was  fleeing  from  the 

scene  in  an  automobile.     Patrolman  Jones  ordered  him 

to  stop,  but  he  failed  to  obey.     As  there  was  imminent 

danger  of  his  escaping  Jones  shot  him. 

To  prevent  a  person  from  committing  a  felony  on  the  person 


92  PRACTICAL  POLICE  WORK 

of  another  when  there  is  imminent  danger  of  his  doing  so. 
Example : 

Black  entered  a  bank,  pointed  a  revolver  at  the  cashier  and 
commanded  "Deliver  that  money  or  I'll  shoot."  White, 
the  bank  watchman,  shot  Black  to  prevent  him  from 
effecting  the  robbery. 

In  self-defence  when  absolutely  necessary. 
Example : 

Black,  without  provocation,  shot  at  White  with  a  revolver, 
and   still  kept   it  pointed   at  him.     White  to   repel   the 
attack,  threw  a  stone  at  Black  and  killed  him. 
Inasmuch  as  it  is  not  always  apparent  to  a  policeman  whether 
or  not  the  homicide  was  justifiable,  the  safest  plan  to  follow  if 
there  be  any  doubt  whatsoever,  is  to  make  an  arrest  and  leave  the 
determination  of  guilt  to  the  magistrate. 

Excusable  Homicide  is  the  killing  of  a  person  through  acci- 
dent or  misfortune,  such  as  might  happen  during  the  performance 
of  a  lawful  act  by  lawful  means  with  ordinary  caution  and  with- 
out unlawful  intent. 
Examples : 

Dr.  White  caused  his  patient's  death  by  accidentally  ad- 
ministering the  wrong  medicine. 
White  was  operating  an  automobile  in  a  careful  law-abiding 

manner,  and  accidentally  struck  and  killed  Jones. 
White,   a   policeman,   accidentally   let   his   revolver    fall  tcfc 

the  ground ;  it  discharged  and  killed  Jones. 
A  summary  arrest  should  not  be  made  when  the  case  is 
clearly  one  of  excusable  homicide.  If,  however,  a  person  is 
killed  or  seriously  injured  by  a  vehicle,  the  driver,  if  a  non- 
resident should  be  taken  before  a  magistrate  to  determine  the 
degree  of  culpability,  if  any. 

A  homicide  case  is  the  most  important  occasion  on  which  a 
policeman  can  perform  his  three  duties  towards  evidence.  Col- 
lect, Preserve,  Present.  He  begins  at  the  scene.  He  ends  at 
the  trial. 

At  the  scene  of  a  homicide  the  work  a  policeman  does  and 
the  extent  of  his  inquiries  will  depend  to  a  large  extent  upon 
whether : 

The  murderer  is  known  and  has  escaped ;  or 
Has  escaped  without  being  known ;  or 
Has  not  escaped  and  is  known. 

The  last  of  the  three  is  easiest,  yet  there  are  details  which 
should  not  be  overlooked. 


PRACTICAL  POLICE  WORK  93 

The  police  at  the  scene  should  summon  medical  aid,  arrest 
the  murderer,  note  his  demeanor,  record  any  statement  he  may 
make,  examine  his  person  and  clothing  for  evidence,  and  line  him 
up  for  the  identification  by  witnesses ;  secure  the  weapon  or  thing 
by  which  death  was  caused,  note  the  exact  place  where  found, 
mark  it  for  identification,  safe-guard  any  blood  or  other  stains 
that  may  be  on  it.  If  a  revolver  had  been  used,  note  its  make, 
calibre,  number,  and  the  number  of  empty  and  discharged  cart- 
ridges in  it ;  search  for  any  discharged  bullets  that  did  not  enter 
the  body,  and  empty  cartridge  shells  if  an  automatic  had  been 
used. 

He  should  get  material  witnesses,  take  their  statements,  have 
them  affix  their  signatures,  keep  them  separate,  and  detain  them 
until  they  give  their  version  of  the  affair,  while  still  fresh  in 
their  minds,  to  the  detectives. 

He  should  measure  the  exact  location  of  the  body  in  relation 
to  some  fixed  object,  its  exact  position,  note  any  evidence  of  a 
struggle  that  may  be  on  it,  safe-guard  any  knife  cuts,  powder  or 
blood  stains,  or  other  evidence  of  a  struggle  that  may  be  on  the 
clothing,  remove  the  body  to  the  station  house  or  morgue  when 
permission  of  the  Medical  Examiner  is  obtained,  and  it  has  been 
examined  by  detectives  and  photographed  if  photographing  be 
necessary. 

A  policeman,  preferably  the  one  first  at  the  scene,  must  iden- 
tify the  body  at  the  autopsy  as  being  the  one  found  at  the  place 
of  the  crime.  The  policeman  who  is  to  make  such  identification, 
should  take  such  description  of  the  body  before  its  removal, 
have  it  identified  by  relatives  if  known,  try  to  establish  identity 
if  unknown,  place  a  tag  on  it  containing  its  description  and  pedi- 
gree, and  name  of  slayer  if  obtained. 

He  must  remove  all  property  from  the  clothing  in  presence 
of  witnesses  and  senior  officer  present,  note,  mark  and  tag 
clothing  and  property,  deliver  property  to  desk  officer,  and  on 
the  clothing  being  removed,  keep  it  in  his  possession  until  de- 
livered-to  the  property  clerk  of  the  Police  Department. 

If  the  murderer  be  known  and  has  escaped,  the  policeman 
first  at  the  scene  should  quickly  gather  all  the  information 
possible,  his  description,  how  he  left  the  scene,  description  of 
the  vehicle  used,  if  any,  the '  direction  he  took,  his  residence, 
former  residences,  residences  of  relatives,  where  employed,  asso- 
ciates, where  likely  to  be  found  and  telephone  all  such  informa- 
tion to  the  desk  officer  for  the  purpose  of  a  general  alarm. 


94  PRACTICAL  POLICE  WORK 

Otherwise  the  procedure  would  be  similar  to  that  in  all  other 
cases. 

If  the  murderer  has  escaped  without  being  known  then  the 
real  hard  work  of  investigation  begins.  The  person  who  found 
the  body  must  be  questioned  as  to  how  it  was  disposed.  Informa- 
tion must  be  gathered  that  might  supply  a  motive.  This  should 
include  a  history  of  the  deceased,  those  he  was  last  seen  with  and 
his  habits.  Every  trace  left  by  the  murderer  should  be  carefully 
noted  as  foot-prints,  finger-prints,  tire  marks,  weapons,  instru- 
ments, writings  and  photographs  which  often  lead  to  detection. 

The  detective  who  takes  charge  of  a  homicide  case  should 
direct,  advise  and  assist  the  patrolmen  who  are  present,  take  any 
necessary  action  that  they  have  failed  to  take,  examine  any  evi- 
dence that  they  have  found  and  take  possession  of  that  which 
may  aid  him  in  a  solution,  examine  all  witnesses,  and  have  their 
statements  properly  recorded,  detain  material  witnesses  until 
they  give  their  version  of  the  affair,  while  it  is  still  fresh  in 
their  minds  to  the  District  Attorney,  Medical  Examiner  and 
possibly  a  Magistrate. 

He  should  institute  searches,  have  body  photographed  if  nec- 
essary, examine  everything  in  the  minutest  degree  and  with  the 
fullest  detail  that  may  have  any  bearing  upon  the  manner  of  the 
crime,  its  author  or  motive. 

A  headquarters  should  be  established  at  the  scene  of  every 
important  homicide  by  the  detective  in  charge.  He  should  inform 
his  commanding  officer  and  other  policemen  working  on  the  case 
of  its  location,  and  keep  his  commanding  officer  informed  as  to 
the  progress  that  is  being  made. 

Desk  Officer 

There  are  seven  places  that  a  desk  officer  may  have  to  com- 
municate with  in  case  of  a  homicide.  They  are  the : 

Telegraph  Bureau, 

Precinct  Detectives, 

Homicide  Bureau, 

District  Attorney's  office, 

Chief  Medical  Examiner's  office, 

Commanding  Officer,  Precinct  and  District, 

Missing  Person's  Bureau, 

Friends  or  Family  of  Deceased. 

What  additional  duties  the  desk  officer  may  have  to  perform 
will  depend  upon  circumstances,  and  what  is  known  in  connection 
with  the  flight. 


PRACTICAL  POLICE  WORK  95 

If  the  murderer  has  escaped  and  is  known,  the  Telegraph 
Bureau  must  be  notified  to  send  an  alarm.  If  there  be  reason  to 
believe  that  he  will  try  to  leave  the  city  the  Telegraph  Bureau 
should  be  informed  and  requested  to  send  immediate  alarm  to  all 
police  officers  stationed  at  ferries,  bridges,  railroad  terminals  and 
telephone  booths  within  the  city  and  possibly  to  adjoining  towns 
and  cities. 

If  results  might  be  obtained  by  immediate  action  the  infor- 
mation should  also  be  sent  out  to  the  men  on  patrol  in  the  pre- 
cinct by  flash  light,  signal  box  and  police  booth.  If  the  mur- 
derer is  believed  to  be  hiding  in  any  particular  building  or  build- 
ings in  the  precinct,  the  reserve  must  be  sent  to  surround  and 
search  such  place.  * 

A  desk  officer's  duty  in  connection  with  a  body  brought  to 
the  station  house  is  to : 

1.  Supervise  the  search. 

2.  Record  and  properly  dispose  of  property   found  on  the 
body. 

3.  Notify  the  Missing  Person's  Bureau  if  unidentified. 

4.  Note  identifications  if  made. 

5.  Notify  morgue  to  remove,  except  Medical  Examiner  has 
given  permission  to  remove  it  elsewhere. 

6.  Make  record  of  removal,  by  whom,  and  to  where. 

7.  Make  report. 

Street   Homicide 

A  body  found  in  the  street  or  public  place  should  not  be 
moved  until  exact  measurements  are  taken  of  its  position.  If  in 
the  center  of  the  street  it  may  be  moved  to  the  sidewalk  after 
examination  by  a  detective,  but  should  not  be  removed  to  the 
station  house  until  permission  of  the  Medical  Examiner  is  given. 
All  the  facts  already  enumerated  should  be  gathered ;  weather 
condition  and  everything  else  of  moment  noted  in  the  memoran- 
dum book  of  the  officer,  and  full  details  turned  over  to  the  de- 
tective who  takes  charge.  The  detective  in  addition  to  doing 
the  things  mentioned  already,  has  the  body  photographed  if  neces- 
sary, exact  measurements  of  the  location  taken,  and  everything 
of  importance  about  the  person  of  the  victim,  such  as  bullet  holes, 
knife  cuts,  powder  marks,  torn  clothing,  noted  and  recorded. 

Body  Found  in  Vacant  Ground 

The  uniformed  member  of  the  Force  first  at  the  scene  should : 


96  PRACTICAL  POLICE  WORK 

Report  all  the  facts  to  the  desk  officer. 

Safe-guard  the  body  from  disturbance  pending  the  arrival 
of  a  detective. 

Note  in  his  memorandum  book  the  position  of  the  body  and 
its  surroundings. 

Safe-guard  any  foot-print,  or  other  evidence  that  might  lead 
to  the  identity  of  the  perpetrator,  or  person  who  placed  the 
body  there. 

Keep  all  unauthorized  persons  a  reasonable  distance  away 
from  the  body  and  permit  none  to  leave  the  scene  until  the 
arrival  of  a  detective. 

The  detective  on  reaching  the  scene  should  try  to  determine 
how  long  before  the  finding  ^>f  the  body  the  murder  occurred; 
whether  it  occurred  there  or  elsewhere,  and  if  elsewhere,  how 
long  the  body  lay  at  that  place.  This  he  can  usually  do  by  ob- 
serving the  state  of  decomposition ;  the  condition  of  the  soil  under 
it,  the  manner  of  its  disposal,  and  the  presence  or  absence  of 
evidence  of  a  struggle.  If  the  murder  occurred  there,  the 
murderer's  and  the  victim's  foot-steps  may  be  found;  if  else- 
where, then  only  the  murderer's  or  his  accomplices.  Foot-steps 
found  adjacent  to  the. body  should  be  compared  with  those  of 
persons  lawfully  at  the  scene  for  the  purpose  of  cancellation,  and 
possibly  with  the  victim's.  Foot-steps  that  might  be  the  perpe- 
trator's should  be  measured  and  casts  of  them  taken.  The  de- 
tective should  be  able  to  approximate  the  slayer's  height  from 
the  length  of  the  foot-print,  his  weight  from  the  depth  of  the  im- 
pression, the  shape  of  his  feet  from  the  angle  made  by  the  toes 
with  the  line  of  direction,  and  whether  he  carried  the  body  from 
the  length  and  regularity  of  his  stride. 

Casts  should  be  taken  of  any  tire  marks  found  and  the  dis- 
tance between  tires  carefully  measured.  Samples  of  the  soil  and 
any  vegetation  such  as  burdocks,  should  be  secured,  as  such 
substances  may  be  found  adhering  to  the  suspect's  clothing  or 
shoes.  Conditions  around  the  body  and  any  box  or  clothing  in 
which  it  might  be  wrapped  or  enclosed  should  be  noted  so  that 
previous  possession  or  place  of  purchase  may  be  traced  and  the 
body  photographed  before  removal. 

Homicide  in  Dance  Hall 

The  patrolman  who  discovers  a  homicide  in  a  dance  hall, 
cabaret  or  place  of  public  amusement,  and  the  detective  who 
investigates  it,  in  addition  to  the  precautions  already  mentioned, 


PRACTICAL  POLICE  WORK  97 

should  take  measures  to  prevent  anybody  from  leaving  until 
thorough  search  is  made.  The  names  of  those  present  should  as 
far  as  possible  be  obtained. 

Homicide  in  Joint 

Similar  precautions  should  be  taken  if  the  killing  occurred 
in  a  saloon  or  "joint."  Besides,  the  persons  present  should  be 
kept  from  conferring  to  guard  against  a  possible  "frame-up,"  and 
in  addition  if  they  were  of  unsavory  reputation,  all  should  be 
held  as  principals  or  witnesses. 

Homicide  in  Private  House 

When  a  homicide  occurs  in  a  private  house,  the  patrolman 
who  enters  first  should  note  in  his  book  the  position  of  the  body, 
evidences  of  a  struggle  if  any,  condition  of  doors  and  windows, 
lights,  furniture,  etc.  Unauthorized  persons  should  be  kept  out 
and  the  general  precautions  otherwise  adherred  to. 

The  detective  who  investigates  the  crime  is  to : 

1.  Establish  the  crime. 

2.  Look  for  a  motive. 

3.  Detect  and  arrest  the  criminal. 

The  crime  can  be  established  from  the  condition  of  the  body 
and  surroundings.  The  motive  can  be  ascertained  by  looking 
up  the  history  of  the  victim  and  the  criminal  detected  from 
the  trail  of  evidence  he  leaves,  circumstances,  etc. 

A  number  of  persons  if  present  at  the  place  of  the  crime, 
obstructs  investigation,  upsets  calculations  by  a  multitude  of 
theories  and  is  dangerous  as  a  means  of  communicating  with  the 
criminal.  They  should  be  dispensed  with. 

A  struggle  can  be  evidenced  by  overthrown  furniture.  The 
weapon,  article  or  substance  used  to  kill  may  be  lying  around 
or  traces  of  the  substances  be  discovered  in  a  bottle  or  a 
package.  The  manner  of  the  muderer's  exit  and  entrance  may 
be  evident  from  the  appearance  of  a  door  or  window. 

Search  to  be  effective  should  be  thorough  and  not  haphazard. 
The  good  detective  does  not  hesitate  to  go  down  on  all  fours  and 
examine  everything  with  the  closest  scrutiny.  Every  square  of 
the  carpet  should  be  gone  over  separately  and  nothing  overlooked. 

Knives,  glasses  or  revolvers  may  bear  finger-prints ;  walls  and 
door  knobs  may  have  blood  stains,  foot-prints  may  be  visible  and 


98  PRACTICAL  POLICE  WORK 

important,  though  not  apparent  to  a  casual  observer,  capable 
of  development,  and  of  being  photographed  by  a  dusting  of 
powdered  chalk  on  a  dark  damp  surface,  or  powdered  graphite 
on  a  light  surface.  The 'print  of  a  naked  foot  damp  from  perspi- 
ration can  be  developed  in  this  way  and  a  photograph  made  of  it. 

When  an  article  is  found  that  may  be  useful  as  evidence,  its 
exact  position  in  relation  to  the  body  is  important  enough  to  be 
noted. 

When  a  revolver  was  used  to  commit  the  crime,  the  usual 
conditions  as  to  calibre,  number,  shells,  etc.,  are  not  only  essen- 
tial, but  there  are  other  things.  Where  are  the  bullets?  ^.re 
there  any  bullet  marks?  What  was  the  angle  at  which  the  re- 
volver was  held?  This  last  is  often  important  in  disposing  of 
claims  of  self-defence. 

Blood  stains  should  not  be  removed  from  a  knife.  Dust  or 
dirt  in  the  grooves  may  yield  important  evidence  by  being  identi- 
cal with  similar  substances  found  in  the  pockets  of  the  accused. 

Clubs,  bottles,  iron  bars,  hatchets  or  the  like  which  bear 
stains  of  any  kind  should  be  preserved  for  the  stains,  as  similar 
articles  with  similar  stains  may  be  found  in  the  possession  of 
the  accused.  A  man  was  once  convicted,  but  on  a  second  trial 
acquitted  because  a  piece  of  lead  pipe  was  found  in  his  cellar 
similar  to  a  piece  of  lead  pipe  found  in  the  room  of  the  crime, 
and  lead  stains  were  found  on  the  underclothes  of  the  man  him- 
self. Brick  dust  on  a  bloody  hatchet  once  led  to  the  arrest  of  a 
bricklayer  who  owned  it  and  established  the  authors  of  the  crime. 
Tools  in  other  trades  may  bear  similar  tell  tale  marks. 

The  wrapping  of  a  bottle  containing  poison  is  often  more  im- 
portant than  the  bottle  itself.  A  button  torn  off  in  the  scuffle 
led  to  the  identity  of  him  who  bombed  Russel  Sage.  Two  hairs 
on  a  hat  may  establish  whether  the  murderer  was  blonde,  dark  or 
red-headed.  A  cigarette  butt  at  the  scene  may  be  of  the  brand 
the  murderer  smoked;  a  burned  match  like  others  in  his  pos- 
session. A  hat  may  bear  the  maker's  name,  or  a  coat  the  tailor's. 
Laundry  marks  are  of  the  greatest  importance.  Therefore,  noth- 
ing can  be  overlooked,  nothing  considered  too  trifling  as  the 
truth  often  lies  in  the  smallest  detail. 

From  the  victim's  body  can  sometimes  be  obtained  evidence 
to  incriminate.  Clothing  torn  from  the  prepetrator  may  adhere, 
so  may  hairs,  etc.,  to  the  hands.  In  certain  crimes  other  evi- 
dence can  be  found  by  the  medical  examiner. 

The  statements  of  witnesses  during  an  investigation  cannot 
always  be  relied  upon.  Many  persons  are  habitually  inaccurate. 


PRACTICAL  POLICE  WORK  99 

Under  the  excitement  of  an  unusual  occasion,  they  become  more 
so.  They  exaggerate.  They  prevaricate.  Others  are  reticent  to 
avoid  trouble  or  notoriety.  To  sift  the  truth  from  one  and  draw 
out  the  other  is  a  lesson  in  detective  work. 

Six  or  seven  ordinary  and  seemingly  unrelated  incidents  if 
told  by  as  many  persons  may  make  a  chain  of  circumstances  from 
which  an  important  deduction  may  be  made.  No  statements, 
however  trivial,  having  any  possible  bearing  on  the  case,  should, 
therefore,  be  discarded  in  the  course  of  criminal  investigation. 

Motive 

Of  greatest  importance  is  the  motive  for  the  deed.    Motives 
have  their  foundation  in  the  wickedness  and  weakness  of  human 
nature.    Generally  they  are: 
Greed  of  gain. 
Sex  jealousy. 
Revenge  and  anger. 
Moral  depravity  and  perversity. 
Fear  of  disgrace. 
Crank's  delusions. 

When  greed  of  gain  is  the  motive,  the  question  of  what  is 
to  be  gained  and  by  whom,  should  be  carefully  gone  into.  The 
amount  concerned  and  the  previous  character  of  the  suspects 
are  important  in  running  down  a  clue  supplied  by  this  motive. 

Revenge  as  the  motive  might  be  inferred  from  previous  quar- 
rels or  injuries  inflicted,  previous  intrigues  with  a  woman  dis- 
carded, or  anything  that  would  cause  a  person  with  unbalanced 
mind  to  seek  to  get  even. 

Jealousy  as  a  motive  arises  from  a  man  carrying  on  love 
affairs  with  two  women,  or  with  one  woman  when  married,  or 
with  any  woman  when  he  himself  is  married,  or  vice  versa,  in  the 
case  of  a  woman. 

Moral  depravity  and  perversity  applies  to  persons  so  depraved 
morally  as  to  be  capable  of  committing  murder  to  gratify  their 
perverted  tastes.  All  beastly  crimes  are  of  this  nature. 

Fear  of  disgrace  is  the  motive  which  sometimes  prompts  an 
unmarried  woman  to  kill  her  illegitimate  child. 

Prominent  persons  have  most  to  fear  from  cranks. 
When  the  motive  has  been  established,  criminal  responsibility 
must  be  fixed  on  the  accuser.    This  can  be  helped  by  threats  if 
made,  the  time  he  was  last  seen  in  the  locality,  his  opportunity 
to  be  in  that  place  at  the  time  of  the  occurrence. 


ioo  PRACTICAL  POLICE  WORK 

Pursuit 

The  next  step  is  the  pursuit.  Pursuit  should  be  persistent, 
merciless,  tireless.  Persistency,  more  persistency,  and  still  more 
persistency  is  the  word  that  in  dectective  work  spells  success. 
Every  clue  should  be  followed  to  its  end,  every  theory  investigated, 
every  report  run  down,  until  the  accused  is  secured. 

Demeanor  and  Conduct 

The  demeanor  and  conduct  of  an  accused  when  arrested  is 
important  and  may  be  testified  to  in  court.  Attempt  to  get  away 
or  elude  discovery,  anxiety  to  conceal  facts,  agitation,  fear,  all 
have  some  evidential  value,  but  they  may  have  even  greater  value 
in  leading  to  the  discovery  of  evidence  yet  undiscovered.  State- 
ments volunteered  should  be  recorded  as  should  answers  to  ques- 
tions if  of  value. 

The  prisoner's  person,  clothing  or  articles  carried  may  yield 
evidence,  evidence  of  a  struggle,  of  finger  marks,  scratches,  bites 
or  blood.  Underneath  the  finger  nails,  blood  may  find  an  abiding 
place.  The  prisoner's  room  or  house  may  furnish  more  evidence. 
It  should  be  searched.  Everything  found  should  be  collected, 
preserved,  and  ultimately  presented  in  court. 

Autopsy 

-  It  is  a  policeman's  duty  to  identify  the  body  to  the  doctor  at 
the  autopsy.  It  is  a  detective's  duty  to  be  present  at  the  autopsy 
to  learn  what  evidence  it  develops. 

Analysis 

When  a  substance  used  in  connection  with  a  crime  is  to  be 
analysed,  it  should  first  be  marked  by  the  poilceman,  sealed,  de- 
scribed, and  wrapped  and  preserved  until  delivered  to  the  labora- 
tory. 

Suicide 

If  a  case  of  killing  be  not  homicide,  it  may  be  suicide.  A  per- 
son who  advised,  assisted  or  encouraged  it  is  guilty  of  man- 
slaughter. If  not  dead,  any  person  who  advised,  assisted  or  en- 
couraged is  guilty  of  felony. 


PRACTICAL  POLICE  WORK  101 

The  motive  for  this  crime  and  the  method  of  killing  gener- 
ally establishes  the  character  of  the  crime  readily.  For  that  rea- 
son everything  of  the  kind  already  described  as  evidence  should 
be  collected,  preserved  and  presented  to  the  Medical  Examiner. 

Dangerous  Weapons 

There  are  two  classes  of  dangerous  weapons,  the  carry- 
ing or  possession  of  which  is  forbidden.  In  the  first  class 
mere  carrying  or  possession  of  the  weapons  is  a  misde- 
meanor. In  the  second  class  there  must  be  an  intention  to 
use  them  against  another  person.  Bombs  and  silencers  are 
not  strictly  weapons. 

In  the  Case  of  the 

ist  class: 

Sand  Bags 

Sand   Clubs  Knowing  and  voluntary  posses- 

Billies  sion  or  control  is  presumptive 

Slung  Shots  evidence  of  an  intent  to  make 

Black  Jacks  unlawful   use  of  them;  peace 

Bludgeons  officers  excepted. 

j-  Metal    Knuckles 

In  the  case  of 

2nd  class : 

Intent  to  make  unlawful 

Dangerous  Knives  use  of  them  can  be  pre- 

Dirks  sumecl  if  they  are  con- 

Razors,  particu-  cealed  or   furtively  car- 

larly  when  nicked  ried   on    the   person    by 

Daggers  and  others          any  person  other  than  a 

public  officer. 

A  former  convict  who  carries  or  possesses  such  weapons  is 
guilty  of  a  felony  when  a  non-convict  is  guilty  of  a  misdemeanor. 
The  manufacture,  sale,  keeping  for  sale  or  giving  away  of 
weapons  belonging  in  the  first  class  is  a  misdemeanor. 

Commonsense  should  guide  a  policeman  in  making  arrests 
for  possessing  dangerous  weapons,  particularly  when  the  weapon 
belongs  in  the  second  class.  Evidence  of  intent  good  or  bad  may 
be  gleaned  from  the  furtiveness  with  which  the  weapon  is  carried 


'io2  '  '  PRACTICAL  POLICE  WORK 

or  concealed,  the  attempt  or  threat  to  use  it  against  another,  the 
character  and  business  of  the  possessor,  as  a  butcher  with  a 
knife,  a  curio  dealer  or  collector  with  any  kind  of  a  weapon 
tyould  be  natural. 
Examples : 

If  a  black  jack  were  found  in  Brown's  trunk  or  in  his 
pocket,  or  in  a  drawer  to  which  he  only  had  access  or 
handy  to  his  hand  in  a  place  controlled  by  him,  it  would 
be  presumptive  evidence  of  possession. 
If  Black  with  a  dangerous  knife  in  his  hand  were  pur- 
suing White  with  whom  he  had  quarreled,  or  had  a  stiletto 
concealed  in  his  stocking,  or  had  threatened  to  assault 
White  and  was  loitering  near  White's  home  with  a  sword, 
it  would  be  presumptive  evidence  of  unlawful  intent 
to  use. 

If  White  were  a  soldier  on  duty  and  armed  with  a  billy,  or 
a  peace  officer  posssesed  of  a  blackjack,  or  a  curio 
dealer  and  had  an  old"  slung  shot  in  his  curio  cabinet,  or  a 
mechanic  and  possessed  the  razor,  knife  or  other  weapon 
usecf  by  him  in  his  trade,  such  possession  would  not  be 
a  crime. 

To  make,  carry  or  possess  a  bomb  or  bomb-shell  is  a  felony. 
This  includes  a  stick  of  dynamite  or  other  such  explo- 
sive provided  it  is  to  be  used  unlawfully.  It  is  a  felony 
to  ship  explosives  by  a  common  carrier  without  revealing 
their  nature.  It  is  a  felony  unlawfully  to  place  explosives 
near  a  building,  car  or  vessel,  where  people  are  likely  to 
be,  so  that  their  lives  are  put  in  danger. 
It  is  a  felony  to  carry  or  possess  a  maxim  or  other  silencer. 
Bombs  should  be  guarded  until  taken  possession  of  by  an 
agent  of  the  Bureau  of  Explosives: 

Constitutional  Possession  Regulated 

While  the  United  States  Constitution  guarantees  the  right  of 
citizens  to  bear  and  carry  arms,  the  State  has  passed  laws  regu- 
lating the  manner  in  which  they  may  be  borne  or  carried.  This 
is  done  under  the  doctrine  of  the  Police  power  of  the  State. 

The  law  requires  that  a  person  must  have  a  permit 

1.  To  possess  a  concealable  firearm. 

2.  To  carry  a  concealed  firearm. 

3.  To  carry  a  concealable  firearm. 

4.  To  carry  or  possess  any  kind  of  a  firearm  if  an  alien. 


PRACTICAL  POLICE  WORK  loS 

The  exceptions  to  this  rule  are: 

1.  Firearms  kept  for  sale  by  bonaficle  dealers. 

2.  Transportation  of  firearms  as  merchandise. 

3.  Possession  of  firearms  by  persons  exercising  the  func- 
tions of  peace  officers. 

4.  Possession  of  firearms  by  the  Military  or  Naval  force 
of  the  State  or  Nation  in  the  line  of  duty. 

5.  Possession  of  firearms  by  the  members  of  duly  au- 
thorized civil  organizations,  while  parading  or  going  to 
or    from   the   meeting   place   of   their    respective   or- 
ganizations. 

Permits  to  carry  or  possess  concealable  firearms  are  issued 
in  the  City  of  New  York  by  the  Police  Commissioner  and  elst- 
where  in  the  State  by  Magistrates.  A  stub  must  be  attached  to 
this  perjnit.  Such  stub  must  be  retained  by  the  seller  of  the 
firearm. 

A  former  convict  who  carries  or  possesses  firearms  unlaw^ 
fully  is  guilty  of  a  felony.  A  non-convict  is  guilty  of  a  misde- 
meanor. 

Retail  dealers  can  sell  concealable  firearms  only  to  persons 
with  a  permit  or  to  those  authorized  to  carry  them.  They  must 
make  a  full  record  of  the  sale  and  the  purchaser..  They  must  not 
sell  to  children  urner  sixteen  years  of  age.  Violation  is  a 
misdemeanar. 

The  unlawful  discharge  of  a  firearm  or  a  gun,  or  the  throwing 
of  a  deadly  missile  even  though  no  damage  is  done,  is  a  misde- 
meanor. So  is  the  pointing  without  malice  of  a  firearm  at  a 
person  or  its  unintentional  discharge  while  pointed  to  the  injury 
of  that  person  or  another. 

Manner  of  Carrying  Weapons 

Dangerous  weapons  when  carried  unlawfully  on  the  person 
and  not  in  the  pocket  are  found : 

1.  Down  the  trouser  leg  or  in  front  of  the  trousers. 

2.  In  the  stocking. 

3.  Inside  the  sleeve  or  up  the  sleeve. 

4.  In  the  crown  of  derby  hats. 

5.  About  the  neck. 

6.  In  muffs,  bosoms,  etc. 

All  Violence  Not  Crime 
.Every   act   of   violence   offered   one   person   by   another   is 


104  PRACTICAL  POLICE  WORK 

not  a  crime.     The  law  mentions  six  cases  where  they  are  not 
crimes.    They  are: 

1.  By  a  public  officer,  or  one  assisting  him,  necessarily  in 
the  performance  of  a  legal  duty. 

Example : 

If  White,  a  sheriff-,  in  obedience  to  the  order  of  a  court, 
were  seizing  Smith's  goods  and  Smith  resitsed  the  seiz- 
ure, White  could  lawfully  overcome  such  resistance.  It 
would  be  lawful  for  Jones,  a  civilian,  to  assist  White. 

2.  By  a  person  arresting  another  for  a  felony,  when  neces- 
sary and  in  delivering  him  to  an  officer. 

Example : 

If  White,  a  private  person,  knowing  that  Brown  commit- 
ted a  felony,  arrested  him  and  Brown  resisted,  White 
could  use  all  necessary  force  to  overcome  such  resistance. 

3.  By   a   person   repelling   an   attack   upon   himself   or   an- 
other  or   a   trespass   upon   his   property   provided    unnecessary 
force  be  not  used. 

Examples : 

If  Black  unlawfully  struck  at  White  with  or  without  a 
weapon,  White  to  prevent  injury,  or  to  prevent  recur- 
rence, would  be  justified  in  striking  Black.  He  would  not 
be"  justified  in  striking  Black  to  punish  him  for  having 
committed  such  assault  as  punishment  is  a  function  of 
the  Court. 

If  Black  unlawfully  entered  Brown's  house  and  refused  to 
leave  when  ordered,  Brown  would  be  justified  in  using 
all  the  necessary  force  to  eject  him.  He  would  not  be 
justified  in  using  force  after  he  had  ejected  him,  or  using 
force  to  punish  him  for  the  trespass. 

4.  By  a  parent,  guardian  or  teacher  in  lawfully  correcting  a 
child,  if  the  force  used  be  moderate  and  reasonable. 

Example : 

If  White's  son  were  keeping  bad  company,  not  attending 
school,  or  doing  other  things  that  might  corrupt  him, 
White  would  have  the  right  to  correct  such  habits  by 
chastising  him.  He  would  have  no  right  to  use  any 
unnecessary  or  brutal  force.  Parents  have  no  right  to 
strike  their  children  except  to  correct  them. 

5.  By  the  agent  of  a  public  carrier  of  passengers  in  ejecting 
a  passenger  who  refuses  to  abide  by  a  reasonable  regulation  of 
the  company  if  the  vehicle  has  first  been  stopped  and  only  rea- 
sonable force  is  employed. 


PRACTICAL  POLICE  WORK  105 

Example : 

If  Brown  were  a  passenger  on  a  street  railway  car  and  re- 
fused to  pay  his  fare,  or  was  disorderly,  the  conductor, 
motorman  or  any  other  person  assisting  at  his  request 
could,  lawfully,  use  all  the  force  necessary  to  eject  him, 
provided  the  car  was  first  stopped  and  reasonable  care 
was  taken  not  to  injure  him.     If  he  resisted  ejection  by 
taking  hold  of  something  and   received   injury  through 
doing  so,  the  persons  ejecting  him  would  not  be  respon- 
sible, but  if  the  persons  ejecting  him  threw  him  violently 
from  the  car,  causing  him  injury,  or  any  of  them  struck 
him  except  in  self-defence,  such  act  would  be  unlawful- 
6.     By  a  person  in  preventing  a  lunatic  or  irresponsible  per- 
son from  doing  injury  to  himself  or  another  or  in  restraining 
him  when  confined  in  an  institution,  provided  the  force  be  rea- 
sonable. 

Example : 

A  policeman  whose  attention  is  called  to  an  insane  person 
in  a  public  place,  or  any  other  place  where  he  cannot  be 
properly  cared  for  pending  the  arrival  of  an  ambulance, 
should  remove  such  person  to  the  station  house.  If  such 
person  is  temporarily  in  safe  keeping,  he  should  summon 
an  ambulance  and  have  him  taken  to  a  hospital.  Some- 
times the  friends  or  relatives  of  -an  insane  person  refuse 
to  permit  his  removal  to  a  public  hospital.  Forcible  re- 
moval should  only  be  resorted  to  under  such  circum- 
stances as  if  the  ambulance  surgeon  in  attendance  state 
that  immediate  removal  is  necessary  to  prevent  his  in- 
juring himself  or  some  other  person;  or  removal  is  or- 
\  dered  by  a  magistrate. 


It.  CHAPTER  VIII 

i 

CRIMES— RIOTS  TO  ROBBERY 
Riots  and  Unlawful  Assemblies 

Riots  and  unlawful  assemblies  are  of  the  same  nature.  Riot 
is  the  more  serious  and  is  a  felony;  unlawful  assembly  is  a  mis- 
demeanor. Both  require  three  or  more  persons  for  their  com- 
mission. In  both  there  must  be  an  assembly.  In  riot  there  is 
an  act,  a  threat  or  an  attempt.  In  unlawful  assembly  there  is 
no  act  beyond  that  of  assembling,  but  there  may  be  a  threat  or 
an  attempt  and  an  intent  to  do  an  unlawful  act  by  force. 

The  act  which  rioters  must  perform  is  the  disturbance  of 
the  public  peace  by  using  force  or  violence  to  any  person  or 
property.  Before  an  attempt  or  threat  can  be  considered  a  riot 
the  power  to  put  either  into  immediate  execution  must  be 
present. 

When  an  act  of  violence  has  not  been  committed  the  dis- 
tinction between  the  two  is  that  when  force  or  violence  is  threat- 
ened and  there  is  power  behind  it,  a  riot  is  committed;  when 
those  assembled  just  talk  it  is  only  unlawful  assembly  even 
•though  the  talk  is  a  threat  to  use  force. 

All  persons  participating  in  an  unlawful  assembly  are  mis- 
demeanants. Persons  assembling  peaceably  for  lawful  pur- 
poses to  protest  or  petition  violate  no  law.  To  remain  at  a  place 
of  riot  or  unlawful  assembly  after  a  magistrate  or  public  officer 
has  ordered  those  assembled  to  disperse  is  a  misdemeanor.  This 
•does  not  include  persons  who  may  stay  to  help  the  police.  Civil- 
ians upon  request  must  aid  the  police  in  suppressing  a  riot  or 
dispersing  rioters,  protecting  persons  or  property  or  making 
arrests  or  be  chargeable  with  a  misdemeanor. 

In  the  handling  of  a  mob  disposed  to  be  riotous  a  knowledge 
of  "mob  psychology"  is  valuable.  It  is  analagous  to  a  fire  which 
is  extinguished  in  its  incipiency,  comparatively  harmless,  but 
may  become  very  dangerous  if  allowed  to  grow. 

106 


PRACTICAL  POLICE  WORK  107 

Psychology  of  Crowds 

In  its  ordinary  sense,  the  word  "crowd"  means  a  gathering 
of  individuals  of  whatever  nationality,  profession  or  sex,  re- 
gardless of  the  means  or.  purpose  that  has  brought  them  together. 
A  riot  many  times  has  its  inception  in  the  gathering  of  a  crowd 
to  agitate  a  real  grievance.  As  the  agitation  proceeds,  the  ideas 
of  all  persons  in  the  gathering  gradually  take  the  same  direction, 
and  their  conscious  personalities  vanish.  When  this  stage  is 
reached,  the  gathering  may  be  said  to  be  organized. 

If  injury  to  persons  or  damage  to  property  be  advocated  to 
cure  the  particular  grievance,  or  as  a  means  of  revenge  because 
of  it,  and  some  members  of  the  crowd  assume  responsi- 
bility of  leadership,  the  others,  because  of  their  being  in  numbers, 
have  no  sense  of  individual  responsibility,  feel  possessed  of  in- 
vincible power,  and  even  if  law-abiding  and  inoffensive  citizens^ 
ordinarily,  swayed  by  the  mob  spirit,  commit  acts  of  cruelty  and 
violence,  particularly  if  they  feel  that  they  are  unobserved 
and  unknown. 

Most  persons  in  such  a  crowd  feel  that  they  are  doing  wrong, 
but  they  do  it  because  the  crowd  urges  and  drives,  and  because 
they  have  not  sufficient  will  power  to  oppose  the  action  of  the 
mob  of  which  they  are  a  part. 

Riots  can  frequently  be  prevented  by  the  police  keeping  the 
people  moving  and  not  letting  them  "organize."  If  moving  be 
not  sufficient  an  effort  should  be  made  to  disperse  them.  As 
ringleaders  are  the  center  around  which  "organization"  takes 
place  an  arrest  of  these  ringleaders  or  of  the  more  active  dis- 
turbers often  prevents  a  resort  to  violence. 

When  force  or  violence  has  been  resorted  to,  it  should  be 
met  with  force  by  the  police  and  those  committing  the  violence 
or  inciting  to  it  should  be  arrested.  Judgment  and  discretion, 
however,  are  necessary  and  no  more  force  should  be  used  than 
is  called  for  by  the  occasion.  After  dispersal  the  crowd  should, 
be  kept  moving  and  not  allowed  to  collect  again. 

RIGHT  OF  FREE  SPEECH 

The  right  to  meet,  to  speak  one's  mind  and  to  write  one's 
opinions  freely  is  a  prerogative  guaranteed  by  the  Constitution. 
That  is  why  street  meetings  as  a  general  rule  cannot  be  interfered 
with  by  the  police. 

Constitutional  rights  are  sometimes  regulated  in  their  exer- 


log  PRACTICAL  POLICE  WORK 

cise  by  the  police  power,  that  is  when  their  unrestricted  exercise 
would  interfere  with  other  rights  of  equal  or  more  importance. 
Permits  for  outdoor  religious  meetings  or  any  meeting  on  park 
property  are  required  but  for  other  kinds  of  street  meetings 
mo  permit  is  needed. 

One  of  the  other  rights  which  free  speech  cannot  interfere 
with  is  the  right  of  free  traffic.  A  meeting  without -a  permit 
•cannot  interfere  with  the  free  passage  either  of  vehicles  or  pe- 
destrians on  the  street  where  it  is  held.  When  a  permit  is 
granted  then  the  rights  of  the  persons  holding  the  meeting 
supercedes  those  of  pedestrians,  etc.,  who  must  take  another 
route.  A  meeting  under  a  permit  can  occupy  a  designated  place 
during  the  time  for  which  it  was  granted,  another  meeting  must 
-either  keep  a  space  open  or  itself  move  to  some  other  place  less 
congested.  The  regulation  of  this  condition  is  a  police  func- 
tion and  anybody  obstructing  is  liable  to  arrest  or  summons. 

The  right  to  hold  a  meeting  does  not  include  the  right  to 
sell  books  or  pamphlets ;  neither  does  it  carry  with  it  the  right 
to  be  disorderly  or  riotous.  The  speakers  can  criticise  and  de- 
nounce as  freely  as  they  please  provided  they  do  not  overstep 
the  bounds  fixed  by  law.  Meetings  may,  however,  become  a 
public  nuisance,  but  the  police  should  not  take  it  upon  them- 
selves to  determine  this.  Let  those  who  complain  carry  their 
complaints  to  a  magistrate.  When  held  too  late  at  night  their 
character'  as  a  nuisance  disturbing  the  comfort  or  repose  of 
others  may  be  obvious.  In  such  cases  the  police  should  dis- 
perse them. 

The  American  Flag  must  be  displayed  at  every  public  meet- 
ing in  a  public  thoroughfare;  while  the  display  of  the  red  or 
black  flag  or  any  flag  or  insignia  sacriligious  or  immoral,  is  pro- 
hibited by  ordinance.  The  display  of  the  red  flag  in  any  public 
.assembly  is  a  misdemeanor. 

Baptists  for  baptismal  ceremonies  and  the  Salvation  Army 
-can  hold  religious  services  on  the  street,  the  one  by  law.  the 
other  by  a  general  permit.  Other  religious  meetings  without 
permits  are  illegal  and  should  be  prevented  by  the  police. 

Strikes 

The  right  of  employees  to  strike  for  better  conditions  is 
-guaranteed  by  law.  That  right  is  subject  to  two  important  modi- 
fications. A  person  in  charge  of  an  engine  or  machinery  com- 
mits a  misdemeanor  who  strikes  without  first  safeguarding  it. 


PRACTICAL  POLICE  WORK  109 

A  person   under  a   contract   of   employment  commits   a   misde- 
meanor who  by  leaving  his  post  exposes  life  or  valuable  prop- 
erty to  destruction  or  serious  injury. 
Examples : 

A  number  of  bakers  put  a  batch  of  bread  in  an  oven  then 

went  on  strike  and  let  the  bread  burn. 

A   number   of   blasters   put   dynamite   in   the   holes   to  be 
blasted,  and  then  went  on  strike  without  firing  the  blast. 
Persons  on  strike  have  the  right  by  law  to  picket  the  place 
of  employment  and   peaceably   induce   others  not  to  take   their 
jobs,  to  ask  associates  to  join  in  the  strike,  or  to  advise  pros- 
pective customers  of  the  existence  of  a  strike.     But  they  have 
no   right   to  be  disorderly,   persistent,    threatening   or  annoying. 
Neither  have  they  a  right  to  violate  the  ordinance  forbidding  the 
obstruction  of  traffic  and   if   doing  so  should  be  made  by  the 
police  to  "move  on"  or  if  necessary  "move  in." 

The  offences  that  may  arise  out  of  a  strike  are :  Riot,  un- 
lawful assembly,  obstruction  of  traffic,  assault  and  disorderly 
conduct. 

Handling  Strike 

To  prevent  the  occurrence  of  any  of  the  foregoing  a  strike 
should  be  taken  in  hand  as  soon  as  it  is  reported.  The  cause  of  it, 
number  striking,  name  and  business  of  employer,  name  and  ad- 
dress of  strike  leader  and  nationality  of  strikers  are  information 
that  will  be  likely  to  prove  useful  to  the  police.  This  should  be 
telephoned  to  the  desk  officer  by  the  patrolman  on  post  and 
furnished  to  other  officers  who  may  have  to  do  with  the  handling 
of  the  strike.  The  facts  should  be  recorded  and  furnished  to 
the  Telegraph  Bureau,  the  District  Inspector  and  the  Captain 
of  the  precinct. 

The  general  plan  of  handling  a  local  strike  is  a  matter  for  the 
Captain.  He  has  to  look  out  for  the  protection  necessary  for 
the  employer's  help  and  property.  The  one  may  be  injured  the 
other  destroyed.  A  plan  of  action  .must  be  based  upon  certain 
knowledge,  therefore  the  Captain  should  find  out  for  himself 
the  time  employees  go  and  come  from  work;  the  routes  they 
take ;  the  hour  for  lunch :  the  manner  in  which  goods  are  de- 
livered and  the  methods  of  their  delivery  in  order  that  prop- 
erty and  employees  may  receive  police  protection. 

Two  recommendations  should  be  made  to  the  employer: 

i.  That  employees  come  to  work,  leave  for  home  and  go  to 
Innch  in  a  bo  1v. 


i io  PRACTICAL  POLICE  WORK 

2.  That  entrances  be  guarded  and  no  suspicious  persons 
allowed  to  enter. 

The  rights  of  the  strikers  should  be  explained  to  the  em- 
ployer and  strikers  and  both  should  be  cautioned  against  em- 
ploying "strong-armed  men"  for  the  purpose  of  beating  the 
strikers  or  strikebreakers. 

When  a  special  post  has  not  been  established  at  the  place  of 
strike  two  or  four  patrol  posts  should  be  arranged  to  converge. 
This  will  enable  the  patrolmen  on  those  posts  to  meet  at  that 
point  in  such  a  way  as  to  have  the  place  always  covered.  It  also 
enables  the  patrolmen  on  post  to  convey  employees  to  and  from 
cars  and  guard  them  against  molestation  or  assault.  If  necessary 
detectives  should  be  assigned  to  guard  against  assaults. 

Since  goods  for  the  employer  may  be  injured  in  other  pre- 
cincts and  employees  are  apt  to  be  assaulted  about  their  places 
of  abode  the  co-operation  of  other  precinct  commanders  is  often 
necessary  to  give  protection.  Strikes  in  tenement  house  dis- 
tricts are  often  attended  by  the  throwing  of  missiles  from  the 
roofs.  Police  stationed  on  the  roofs  can  prevent  this.  The  de- 
tectives and  the  sergeant  of  patrol  are  important  in  the  handling 
of  strikes :  the  one  to  detect  criminal  acts,  the  other  to  keep  the 
station  posted  on  conditions. 

The  number  of  pickets  that  may  be  employed  in  any  specified 
instance  is  left  to  the  discretion  of  the  commanding  officer,  due- 
regard  being  had  for  the  width  of  the  street  and  sidewalk,  the 
number  of  persons  still  at  work,  the  size  of  the  building  involved, 
the  number  of  its  exits  and  their  size,  the  number  of  neutrals 
using  the  sidewalk,  etc.,  but  they  should  not  be  permitted  in 
such  numbers  as  to  obstruct  the  free  entry  and  exit  from,  the 
employer's  place,  nor  in  crowds  which  might  obstruct  the  passage 
of  persons  from  such  place. 

Whenever  a  strike  or  lockout  is  threatened  the  Mayor  is  re- 
quired to  report  that  fact  to  the  Industrial  Commission ;  therefore 
the  Police  Department  should  report  such  a  condition  to  him. 

Criminal  Anarchy 

Criminal  anarchy  is  an  odd  kind  of  crime.  Few  policemen 
understand  the  law  against'  it.  No  other  State  law  makes  the 
mere  use  of  language  even  with  intent  a  felony.  What  is  criminal 
Anarchy  ? 

To  understand  the  crime  it  is  first  best  to  understand  the 
doctrine  of  anarchy  which  is  counfounded  with  socialism  to> 


PRACTICAL'  POLICE  WORK  m 

• 

which  it  is  diametricaly  opposed.  The  doctrine  'of  anarchy 
teaches  the  overthrow  of  all  organized  government.  Such  a 
doctrine  is  not  a  crime.  Such  a  doctrine  is  taught  and  advo- 
cated in  a  number  of  schools  including  the  Rand  School  and 
its  branches. 

When  does  the  teaching  of  the  doctrine  become  a  crime? 
When  it  is  coupled  with  the  teaching  that  the  overthrow  should 
be  accomplished  by 

1.  Force  or  violence; 

2.  Assassination  of  executive  head  or  any  executive  official 
of  government ; 

3.  Any  unlawful  means. 

The  teaching  can  be  done  either  by  word  of  mouth  or  by 
writing.  Direct  advocacy  of  the  overthrow  of  government  by  the 
means  specified  is  not  necessary  if  the  duty,  necessity  or  pro- 
priety is  taught,  advised  JOT  advocated. 

Who  May  Be  Guilty  * 

Everybody  having  to  do  with  the  production  of  printed  or 
written  matter  and  having  accurate  knowledge  of  its  contents,  as 
well  as  everybody  associating  himself  with  an  organization  or 
group  that  teaches,  advises  or  advocates  criminal  anarchy  is 
guilty. 

It  is  also  a  felony  and  anarchy  to  justify  orally  or  in  writing 
the  killing  of  any  executive  or  other  officer  of  the  United  States, 
the  State  or  foreign  civilized  nation  with  intent  to  spread  or 
teach  the  propriety  of  the  doctrine  of  criminal  anarchy. 

The  above  does  not  mean  that  every  advocacy  of  the  killing  of 
an  executive  is  criminal  anarchy  as  many  policemen  seem  to 
"believe.  It  must  be  coupled  with  the  intent  to  overthrow  or- 
ganized government  through  that  means. 

To  assemble  for  the  purpose  of  teaching  or  advocating 
•criminal  anarchy  in  groups  of  two  or  more  is  a  felony.  To  let 
rooms  for  that  purpose  is  a  misdemeanor.  Whoever  lets  the 
rooms  is  liable  be  he  owner,  agent,  superintendent,  janitor,  care- 
taker or  occupant  provided  he  did  it  knowingly.  Warning  from 
the  police  in  advance  is  knowledge  that  leaves  him  liable. 

Evidence  Hard  to  Get 

Evidence  of  criminal  anarchy  is  hard  to  get.  Nearly  all 
anarchists  speak  foreign  languages  and  are  very  secretive.  Then 


112  PRACTICAL  POLICE  WORK 

the  meaning  of  statements  is  often  hard  to  interpret.  They  should, 
if  possible,  be  taken  by  a  person  who  understands  the  language 
and  laid  before  a  magistrate  for  his  action.  For  the  purpose  of 
enabling  the  police  authorities  to  make  provision  to  do  this,  a 
patrolman  who  hears  about  a  proposed  anarchistic  meeting  should 
notify  the  station  house  in  advance  of  the  place,  the  time,  and 
the  nationality  of  those  about  to  hold  it,  so  that  a  competent  man 
who  speaks  the  language  may  be  assigned  to  get  a  report. 

Deportation  of  Aliens 

An  Act  of  October  16,  1918,  states  that  there  will  be  deported 
from  the  United  States  ailen  members  of  the  organizations  be- 
lieving in: 

1.  Overthrow  of  the  Government  of  the  United  States  by~ 
violence.  • 

2.  Overthrow  of  all  forms  of  law. 

3.  Opposition  to  organized  government. 

4.  Duty,   necessity  or  propriety  of  assassinating  or  killing 
Government  officials   or   individuals   connected   with  the 
Government. 

5.  Unlawful  destruction  of  property. 

Publication  of  literature,  public  speaking,  or  propaganda 
in  private  conversation  advocating  overthrow  of  the  Gov- 
ernment and  law  by  opposition  to  organized  Government,, 
assaulting  and  killing  of  Government  officials,  and  the  un- 
lawful destruction  of  property  included. 

Masks  and  Disguises 

Since  disguises  may  be  a  means  of  hiding  the  identity  of  crim- 
inals the  use  of  them  is  forbidden.  Since  they  are  a  means  of" 
innocent  enjoyment  on  occasions  their  use  is  permitted  under 
written  permit  at  masquerades,  fancy  dress  balls  or  similar  en- 
tertainments. The  police  grant  such  permits  and  they  regulate 
the  manner  of  using  them  and  the  extent  to  which  they  can  be 
used.  Unless  such  terms  are  complied  with  and  permit  obtained 
the  proprietor  of  a  place  let  for  hire  who  allows  it  to  be  used 
mits  a  misdemeanor. 

If  an  unauthorized  assembly  of  masked  persons  takes  place 
the  police  can  visit  the  place,  compel  the  masked  to  unmask,  ar- 
rest the  proprietor  if  he  had  guilty  knowledge  of  the  violation 
as  well  as  others  who  guiltily  participated  in  the  affair. 


PRACTICAL  POLICE  WORK  113 

Conspiracy 

Conspiracy  is  the  consorting  of  two  or  more  persons  for  an 
unlawful  or  evil  purpose.  There  are  six  .things  they  may  con- 
spire to  do  which  are  criminal.  They  are: 

1.  To  commit  a  crime;  or 

2.  To   indict  another   falsely  and  maliciously   for  a  crime, 
or  to  procure  another  to  be  complained  of  or  arrested  for 
a  crime;  or 

3.  To  institute  or  maintain  an  action  or  special  proceeding 
falsely;  or 

4.  To  cheat  and  defraud  another  out  of  property  by  means 
which  are  in  themselves  criminal,  or  which,  if  executed, 
would  amount  to  a  cheat,  or  to  obtain  money  or  any  other 
property  by  false  pretenses;  or 

5.  To  prevent  another   from   exercising  a   lawful  trade  or 
calling,  or  doing  other  lawful  act,  by  force,  threats,  in- 
timidation,  interfering  or   threatening   to   interfere  with 
tools,  implements,  or  property  belonging  to  or  used  by 
another,  or  with  the  use  or  employment  thereof;  or 

6.  To   commit   any   act   injurious   to   the   public   health,   to 
public  morals,  or  to  trade  or  commerce,  or  for  the  per- 
version or  obstruction  of  justice,  or  of  the  due  adminis- 
tration of  the  laws.   * 

Conspiracy  Against  the  State 

If  two  or  more  persons  while  out  of  this  State,  conspire  to 
commit  any  act  against  the  peace  of  this  State,  the  commission, 
or  attempted  commission  of  which  within  this  State  would  be 
treason  against  the  State,  they  are  punishable  by  imprisonment 
in  a  State's  prison  not  exceeding  ten  years. 

Overt  Act  When  Necessary 

Xo  agreement  except  to  commit  a  felony  upon  the  person  of 
another,  or  to  commit  arson,  or  burglary,  amounts  to  a  conspiracy, 
unless  some  act  besides  such  agreement  be  done  to  effect  the 
object  thereof  by  one  or  more  of  the  parties  to  the  agreement. 

A  combination  of  workmen  to  get  an  increase  of  wages  by 
peaceful  means  is  not  conspiracy,  when  threats  or  violence  are 
not  used.  When  they  threaten  or  attempt  to  use  unlawful  means 
the  police  have  the  right  to  interfere  to  stop  them. 


ii4  PRACTICAL  POLICE  WORK 

Farmers,  gardeners,  live  stock  raisers  and  fruit  growers  can 
combine  by  special  legislative  authority  to  make  collective  sales 
or  market  their  produce.  That  is  the  reason  why  the  dairy  deal- 
ers could  not  be  punished  for  raising  the  price  of  milk  on 
agreement. 

After  several  persons  have  conspired  to  commit  an  offence, 
the  acts  of  any  one  of  them  affects  them  all,  but  the  statement 
of  one  of  them  will  affect  only  the  person  making  them. 

Disorderly  Persons 

There  is  a  semi-criminal  class  known  to  the  law  as  Disorderly 
Persons.  They  are: 

1.  Persons  who  actually  abandon   their  wives  or  children, 
without  adequate   support,  or   leave  them  in  danger  of 
becoming  a  burden  upon  the  public,  or  neglect  to  provide 
for  them. 

2.  Persons  who  threaten  to  run  away,  and  leave  their  wives 
or  children  a  burden  upon  the  public. 

3.  Persons  pretending  to  tell  fortunes,  or  to  tell  where  lost 
or  stolen  goods  may  be  found. 

4.  Keepers  of  bawdy  houses  or  houses   for  the  resort  of 
prostitutes,  drunkards,  tipplers,  gamesters,  habitual  crim- 
inals, or  other  disorderly  persons. 

5.  Persons  with  no  visible  profession  or  calling  by  which 
to  maintain  themselves,  but  who  do  so,  for  the  most  part, 
by  gaming. 

6.  Jugglers,  common  showmen  and  mountebanks,  who  ex- 
hibit or  perform  for  profit,  puppet  showmen,  wire  or  rope 
dancers,  or  performers  of  other  idle  shows,  acts,  or  feats. 

7.  Persons  who  keep  in  a  public  highway  or  place,  an  appa- 
ratus or  device   for  the  purpose  of  gaming  or  who  go 
about  exhibiting  tricks  or  gaming  therewith. 

8.  Persons  who  play  in  a  public  highway  or  place,  with  cards, 
dice  or  any  other  apparatus  or  device  for  gaming. 

9.  Habitual  criminals  within  the  provisions  of  this  code. 
The    law    requires    that    proceedings    against    them    be   com- 
menced by  complaint  and  warrant,  habitual  criminals  excepted. 

Vagrant 

A  vagrant  was  originally  a  wandering  criminal  of  the  type 
once  called  a  vagabond. 


PRACTICAL  POLICE  WORK  115 

A  Vagrant  is  now : 

1.  A  person  who,  not  having  visible  means  to  support  him- 
self lives  without  employment,  or 

2.  Who,  being  an  habitual  drunkard,  abandons,  neglects,  or 
refuses  to  aid  in  the  support  of  his  family,  or 

3.  Who  has.  contracted  an  infectious  or  other  disease  in  the 
practice  of  drunkenness  or  debauchery,  requiring  charit- 
able aid  to  restore  him  to  health ; 

4.  A  person: 

(a)  Who  offers  to  commit  prostitution,  or 

(b)  Who  offers  to  secure  a  female  person  for  the  pur- 

pose of  prostitution,  or  for  any  other  lewd  or  in- 
decent act,  or 

(c)  Who  loiters  in  or  near  a  thoroughfare  or  public  or 

private  place  for  the  purpose  of  inducing,  enticing 
or  procuring  another  to  commit  lewdness,  fornica- 
tion, or  any  other  indecent  act,  or 

(d)  Who  in  any  manner  induces,  entices  or  procures  a 

person  who  is  in  any  thoroughfare  or  public  or 
private  place,  to  commit  any  such  acts,  or 

(e)  Who  is  a  common  prostitute,  who  has  no  lawful  em- 

ployment whereby  to  maintain  herself. 

5.  A  person  wandering  abroad  and  begging,  who  goes  about 
from  door  to  door,  or  places  himself  in  the  streets,  high- 
ways, passages,  or  other  public  places  to  beg  or  receive 
alms,  or 

6.  One   lodging  in   taverns,  groceries,   alehouses,   watch   or 
station  houses,  out  houses,  market  places,  sheds,  stables, 
barns  or  uninhabited  buildings,  or  in  the  open  air,  and 
not  giving  a  good  account  of  himself ; 

7.  One  who,  having  his  face  painted,  discolored,  covered  or 
concealed,  or  disguised,  in  a  manner  calculated  to  prevent 
his  being  identified,  appears  in  a  road  or  public  highway, 
or  in  a  field,  lot,  wood  or  inclosure; 

8.  Any  child  between  the  age  of  five  and  fourteen,  having 
sufficient  bodily  health  and  mental  capacity  to  attend  the 
public  schools,  wandering  in  the  streets  or  lane  of  any 
city  or  incorporated  village,  a  truant  without  any  lawful 
occupation ; 

9.  A  person  more  than  once  convicted  as  a  pickpocket,  thief, 
or  burglar  and  having  no  visible  means  to  support  himself, 
found  loitering  about  steamboat  landings,  railroad  stations, 
banking  institutions,  crowded  thoroughfares,  cars,  omni- 


n6  PRACTICAL  POLICE  WORK 

buses,  hotels,  or  any  public  gathering,  or  assembly,  and 
unable  to  give  a  satisfactory  explanation  of  his  presence. 

NOTE  :  If  such  criminal  has  been  adjudged  an  habitual  crim- 
inal, he  may  also  be  charged  with  being  a  disorderly 
person. 

NOTE:  A  person  not  a  resident  of  the  State  who  does  an 
act  which  would  make  him  guilty  of  vagrancy  is 
classified  as  a  tramp. 

Tramp 

A  tramp  is  any  person,  not  blind,  over  sixteen  years,  not  re- 
siding in  the  county  in  which  he  may  be  at  any  time  for  a  period 
of  six  months  prior  thereto,  who : 

1.  Not  having  visible  means  to  maintain  himself,  lives  with- 
out employment,  or 

2.  Wanders  abroad  and  begs,  or  goes  about  from  door  to 
door,  or  places  himself  in  the  streets,  highways,  passages, 
or  public  places  to  beg  or  receive  alms ;  or 

3.  Wanders   abroad   and   lodges   in    taverns,   groceries,   ale- 
houses, watch  or  station  houses,  outhouses,  market  places, 
sheds,  stables,  barns,  or  uninhabited  buildings,  or  in  the 
open  air,  and  does  not  give  a  good  account  of  himself. 

This  section  does  not  apply  to  cities  of  the  first  or  second 
class — therefore,  in  the  City  of  New  York,  a  person  so  offending 
would  be  charged  with  vagrancy. 

Disorderly  Conduct 

No  charge  is  more  often  preferred  by  policemen  than  the 
charge  of  Disorderly  Conduct.  The  exact  meaning  of  no  crime 
has  been  as  much  misunderstood.  For  a  time  some  judges  went 
so  far  as  to  say  there  was  no  such  crime. 

Prior  to  the  consolidation  of  the  Greater  City,  the  old  city 
was  governed  under  the  Consolidated  Act.  The  Charter  displaced 
that  act.  but  it  did  not  displace  provisions  for  which  no  substi- 
tute was  provided,  hence  the  provision  of  the  Consolidated  Act 
defining  disorderly  conduct  in  the  city  was  held  to  apply  after 
other  provisions  of  the  act  were  superceded. 

The  Consolidated  Act  defined  Disorderly  Conduct  as  "threat- 
ening, abusive  or  insulting  behavior,  in  any  thoroughfare  or  pub- 
lic place  in  the  city,  with  intent  to  provoke  a  breach  of  the  peace. 


PRACTICAL  POLICE  WORK  •    117 

or  whereby  a  breach  of  the  peace  may  be  occasioned."     It  is  also 
classed  as  disorderly  conduct : 

1.  Suffer  an  unmuzzled  ferocious  dog  to  be  at  large. 

2.  Loiter  in  the  streets  as  night  walkers  or  prostitutes. 
Under  these  provisions  convictions  are  always  obtainable  in 

the  city. 

Procedure 

When  a  person  wishes  to  complain  of  the  disorderly  conduct 
of  another  and  the  policeman  is  not  certain  that  the  acts  com- 
plained constitute  the  crime,  the  complainant  lays  such  complaint 
under  oath  before  a  magistrate,  and  the  conduct  complained  of  is 
such  as  in  the  opinion  of  the  magistrate  tends  to  a  breach  of  the 
peace  then  he  may  cause  the  person  complained  of  to  be  brought 
before  him  to  answer,  according  to  the  same  law. 

The  Penal  Law  makes  an  act  or  speech  which  is  offensive 
or  disorderly  a  crime,  provided  it  annoys  or  interferes  with  a 
person  in  any  place.  It  makes  the  same  thing  punishable  when 
the  passengers  in  a  public  stage,  railroad  car,  ferry  boat  or  other 
conveyance  are  offended.  Finally  it  makes  speech  or  conduct  or 
display  in  a  conveyance  a  misdemeanor  when  it  disturbs  or  of- 
fends but  does  not  amount  to  assault  and  battery. 

It  will  be  seen  that  disorderly  conduct  can,  therefore,  be 
committed  by  word  or  act  or  display  that  is  disorderly,  provided 
it  is  likely  to  provoke  a  breach  of  the  peace  or  cause  offense  to 
others.  It  differs  in  this  State  from  the  crime  of  being  a  disor- 
derly person  which  the  statute  defines  in  the  way  already  shown. 
In  some  States  they  mean  the  same  thing. 

Influence  of  Time  and  Place 

Speech  or  conduct  which  under  one  circumstance  or  in  a 
certain  place  might  be  harmless  would,  in  another  be  disorderly 
conduct.  The  likelihood  of  its  provoking  a  breach  of  the  peace 
is  another  consideration.  A  person  who  during  a  concert  in  a 
church  shouted  "Hurrah  for  the  President/'  might  be  guilty  of 
disorderly  conduct  while  such  an  exclamation  might  be  alto- 
gether proper  at  a  political  meeting. 

When  a  meeting  is  held  for  a  particular  purpose,  or  to  advo- 
cate a  certain  doctrine  or  policy,  it  might  be  disorderly  conduct 
to  interrupt  a  speaker  who  was  discussing  the  subject  and  argu- 
ing for  his  side  in  an  orderly  and  inoffensive  way.  particularly 
if  the  interruption  was  apt  to  provoke  a  breach  of  the  peace. 

It  is  disorderly  conduct  to  interrupt  a  speaker  with  a  hostile 


ii8  PRACTICAL  POLICE  WORK 

expression,  as  well  as  for  the  purpose  of  getting  him  to  discuss 
another  matter  than  that  on  which  he  was  talking,  as  in  the  case 
of  the  suffragettes  who  have  at  times  insisted  upon  a  discussion 
of  suffrage  by  public  men  engaged  in  discussing  entirely  different 
subjects.  (Case  of  Malone.) 

The  following  is  Disorderly  Conduct : 
Examples : 

Brown  refused  to  abide  by  the  decision  of  a  desk  officer  at 

a  police  station  as  to  the  fare  he  owed  for  the  use  of  a 

public  hack.     Brown,  in  a  public  place,  offended  others 

by  using  profane  and  indecent  language. 

Brown,  in  a  public  street,  annoyed  and  disturbed  a  number 

of  others  late  at  night  by  loud  singing  and  shouting. 
Brown  offended  a  woman  by  making  indecent  proposals  to 

her,  without  her  consent. 
Brown  annoyed  the  passengers  in  a  public  conveyance  by 

wilfully  pushing  and  jostling  them. 

Brown  stood  on  a  soap  box  in  the  street,  and  by  making  a 
speech,  gathered  a  disorderly  crowd  which  the  police 
had  trouble  to  disperse. 

Brown  attempted  to  board  a  subway  train  by  rushing  by  the 

guard  without  buying  and  depositing  a  ticket  in  the  box. 

Brown  wilfully  threw  cow  itch  on  the  floor  of  a  dance  hall 

to  the  annoyance  of  those  present. 

Brown,  one  of  a  crowd  of  street  corner  loafers,  made  in- 
sulting remarks  to  passersby. 

Brown  and  Black  played  "craps"  on  the  sidewalk  to  the 
annoyance  of  passersby. 

Burglary 

Of  the  more  serious  crimes  with  which  the  police  deal,  bur- 
glary is  one  of  the  most  common.    It  was  originally  the  breaking 
and  entering  of  a  dwelling  house  in  the  night  time  for  the  pur- 
pose of  stealing.    But  the  meaning  of  the  crime  -has  been  greatly 
extended  by  our  Penal  Law.     The  original  elements  of 
Breaking 
Entering 
Intent 

have  been  preserved,  but  the  first  two  mean  much  more  than  the 
dictionary  meaning. 

Breaking  of  a  building  means : 

i.     Ordinary  breaking  and  violently,  detaching  any  part  of  it. 


PRACTICAL  POLICE  WORK  119 

2.  Opening  any  outer  door,  window,  shutter  or  thing  enclos- 
ing it. 

3.  Opening  any  outer  door,  window,  shutter  or  thing  en- 
closing any  apartment  in  it  that  is  separately  used  and 
occupied,  as  offices,  store-rooms,  flats,  lofts  in  the  same 
building,  occupied  by  different  persons. 

4.  Entrance  through   trick,  strategy   or  collusion  with  one 
inside,  such  as  pretending  to  have  business  with  the  occu- 
pant, procuring  the  door  to  be  opened  by  ringing  the  bell, 
acting  in  concert  with  the  watchman  or  servant. 

5.  Entrance  through  any  unusual  manner,  as  from  the  chim- 
ney, through  the  coal  chute,  or  by  the  dumb  waiter. 

6.  Breaking  out  after  committing  a  crime  when  already  in- 
side 

Entering  a  building  as  a  burglar  means : 

1.  Ordinary  entrance. 

2.  Inserting  part  of  body  or  hand. 

3.  Inserting  an  instrument  to  threaten  or  detach  property. 
The  intent  of  the  burglar  need  no  longer  be  to  steal,  the  intent 

to  commit  any  crime  inside  is  enough. 

The  term  "building"  includes  a  railway  car,  vessel,  booth, 
ship,  inclosed  ginsing  garden,  and  any  other  structure  used  by 
mankind  to  shelter  property  such  as  a  shanty  or  enclosed  stand 
against  a  building. 

Burglary  is  a  felony.  A  crime  somewhat  like  burglary,  but  of 
a  lesser  grade  is  that  of  unlawful  entry.  When  anyone  of  the 
three  essential  elements  is  missing  the  crime  may  become  either 
attempted  burglary  or  unlawful  entry. 

If  the  door  had  been  open,  and  the  offender  entered  to  com- 
mit a  felony,  larceny  or  malicious  mischief,  unlawful  entry  would 
be  the  proper  charge. 

If  he  broke  with  the  intent  to  commit  a  crime,  but  did  not 
enter  for  some  reason,  the  crime  would  be  attempted  burglary. 

The  entrance  of  a  tramp  to  a  private  dwelling  where  he  went 
to  sleep  has  been  held  to  be  neither  burglary  nor  unlawful  entry. 
It  is  vagrancy  or  disorderly  conduct. 

Possession  of  tools  designed  or  commonly  used  to  commit 
burglary  with  intent  to  use  them  or  let  them  be  used  is  a  mis- 
demeanor. If  the  possessor  had  been  previously  convicted  of  a 
crime,  such  possession  is  a  felony. 

When  a  person  is  found  in  a  building  where  he  does  not  be- 
long under  conditions  that  are  suspicious,  and  unable  to  give  a 
satisfactory  account  of  himself,  he  should  be  arrested,  whether 


120  PRACTICAL  POLICE  WORK 

or  not  he  is  technically  chargable  with  burglary.  It  will  be  found 
in  most  cases  that  the  intent  was  criminal,  and  that  some  crime 
had  been  committed. 

Examples  (Burglary)  : 

Brown  acted  as  a  "lookout"  while  Black  forced  a  door  to 

commit  larceny. 
Brown  located  or  was  the  "finder"  of  the  place  which  Black 

broke  into. 
Brown  induced  Black  to  climb  through  a.  fanlight  to  commit 

larceny. 
Example  (Unlawful  Entry)  : 

Black  found  the  door  of  White's  house  open  and  entered 

to  commit  larceny. 
Examples  (Burglars'  Tools)  : 

Brown,  a   former  convict,  had  a  jimmy  concealed  in  his 

clothing. 

Brown  was   entering  a   doorway   at  night.     On   seeing  a 
policeman  approaching  he  threw  a  pick  lock  away. 

Burglars  Specialize 

Burglars  specialize  in  their  own  particular  kind  of  burglary, 
and  this  disposition  on  their  part  to  stick  to  their  own  specialty 
enables  the  police  to  detect  them  all  the  easier.  At  headquarters 
there  is  a  Modus  Operandi  file,  where  known  burglars  are  in- 
dexed, each  according  to  his  specialty.  This  file  should  first  be 
consulted  by  the  policeman  assigned  to  investigate  a  burglary. 
The  building  entered,  the  manner  of  entry,  the  means  used,  the 
property  stolen,  the  time  of  the  entry,  the  representation  of  him- 
self made,  the  story  told,  the  kind  of  associates,  the  vehicle  used, 
if  any,  and  other  peculiarities  are  important  to  note  and  report. 

Psychology  of  Burglary 

There  is  a  psychology  in  burglary  as  in  other  things.  To  cir- 
cumvent the  law  a  burglar  must  be  clever.  He  cannot  be  clever 
in  aH  lines  of  burglary,  hence  to  get  away  he  must  make  an  in- 
tensive study  of  conditions  and  of  the  modus  operandi.  The 
study  of  one  kind  is  enough  to  occupy  the  mind  of  most  burglars. 
Therefore  the  bank  burglar  does  not  qualify  as  a  flat  burglar, 
nor  the  flat  burglar  as  a  hotel  burglar,  nor  a  hotel  burglar  as  a 
1  private  house  burglar,  nor  a  private  house  burglar  as  a  loft 
burglar. 


PRACTICAL  POLICE  WORK  121 

Each  kind  of  burglary  requires  a  study  of  the  building  to  be 
entered,  the  way  of  entering  and  the  means  of  getting  in.  There 
are  times  when  it  is  easier  to  do  the  job  than  others ;  tales  that 
go  in  one  place  that  would  fail  in  others;  representations  of 
himself  that  would  pass  muster  in  a  tenement  house  and  not  in 
a  hotel ;  vehicles  that  can  be  used  at  some  time  and  place  to  better 
advantage  than  at  others  and  peculiarities  in  the  individual  which 
might  be  recognized  somewhere's  else. 

Methods  of  Entrance 

Some  thieves  have  a  penchant  for  getting  in  through  coal 
chutes,  others  by  the  windows,  some  like  the  roof  as  a  way  of 
entrance,  some  a  transom,  some  like  to  climb  walls  while  others 
get  in  by  the  doorway.  Some  use  rope  ladders,  some  climb 
porches,  others  the  fire  escape,  while  not  a  few  like  the  dumb 
waiter  shaft.  Some  go  after  clothing,  some  jewelry  and  others 
fancy  money. 

Some  burglars  are  clever  in  making  up  as  beggars ;  some  can 
impersonate  the  doctor,  many  pass  as  canvassers,  others  as  elec- 
tricians, mechanics  or  gas  men,  while  more  recently  not  a  few 
have  worn  the  uniform  of  an  army  or  navy  officer  or  soldier. 

The  use  of  the  foregoing  methods  and  the  assumption  of  the 
different  personalities  are  not  easy  accomplishments,  hence  it  is 
that  the  average  burglar  finds  that  to  be  successful  in  any  meas- 
ure he  must  specialize  to  beat  the  law.  In  order  to  meet  this, 
detectives  have  to  specialize  also  to  beat  the  burglar.  The  De- 
partment helps  him  to  do  this  by  keeping  the  Modus  Operand? 
file. 

The  Story 

The  tale  the  burglar  has  told  of  himself  is  the  first  index 
to  his  identity.  He  relies  for  success  upon  the  ability  to  impress 
and  figures  that  the  more  like  the  truth  his  story  is  the  easier 
will  he  be  credited.  That  is  why  the  trade  or  calling  given  by 
him  is  likely  to  be  the  one  he  pursued  before*  taking  the  dishonest 
road.  Some  seek  confederates  among  other  men,  some  boys, 
while  others  prefer  to  have  women  accomplices. 

Vehicles 
Traces  of  vehicles  should  be  looked  for,  such  as  cycles,  wagons 


122  PRACTICAL  POLICE  WORK 

or  automobiles  and  when  they  are  identified  particularly,  great 
care  is  needed  not  to  confound  the  traces  of  them  with  those 
of  legitimate  vehicles.  Eyes  trained  for  the  observation  of  pe- 
culiarities are  necessary  for  this  duty. 

^ 

Peculiarities 

Extraordinary  and  peculiar  acts  not  connected  with  the  crime 
itself  have  often  been  committed  by  burglars.  It  may  be  the 
poisoning  of  a  dog,  the  writing.of  a  note  containing  wit  or  sar- 
casm; the  changing  of  their  clothes,  treating  themselves  to  wine 
or  cigars  or  committing  a  nuisance. 

Investigation 

At  the  outset  of  the  investigation  of  a  burglary,  the  detec- 
tive as  in  other  cases  should  learn  what,  the  patrolman  has 
learned  and  next  make  certain  to  establish  the  fact  that  a  bur- 
glary was  actually  committed.  Many  unscrupulous  persons  have 
"framed"  a  burglary  for  the  purpose  of  collecting  insurance  or 
to  hide  their  own  theft  from  other  members  of  their  family. 

In  a  recent  case,  the  detective,  in  examining  marks  of  a  jimmy 
in  a  door  which  had  been  forced,  discovered  that  they  had  beer* 
made  from  the  inside.  The  complainant  in  the  case,  on  cross- 
examination,  broke  down  and  admitted  that  he  himself  had 
"  framed"  the  burglary. 

In  another  case  the  door  appeared  to  have  been  pushed  in 
from  the  outside.  The  screws  and  bolt  were  lying  on  the  floor 
where  they  were  believed  to  have  fallen.  The  detective,  from 
his  investigation,  concluded  that  the  force  used  could  not  possibly 
have  caused  either  the  bolt  or  screws  to  fall  to  the  particular  spot 
on  the  floor  where  they  had  been  found.  The  complainant  in 
this  case,  on  cross-examination,  admitted  that  he  had  "framed" 
the  burglary. 

A  detective,  however,  should  not  commit  the  error  of  suspect- 
ing every  complainant  of  making  a  false  allegation  where  the 
case  is  obscure.  If  in  doubt,  he  should  proceed  in  the  same  man- 
ner as  if  the  allegation  were  true. 

The  next  step  is  to  determine  the  time  the  burglary  was  com- 
mitted, where  the  burglar  entered,  and  how  entrance  was  effected. 
If  the  evidence  of  entry  is  not  clear,  such  as  a  forced  door  or 
window,  the  detective  should  not  jump  to  the  conclusion  that  the 
servants  or  employees  of  the  building  were  responsible  for  the 


PRACTICAL  POLICE  WORK  123 

theft,  for  sometimes  skillful  thieves  leave  little,  if  any,  trace  of 
their  presence. 

The  rope  ladder  thief  climbs  down  his  ladder,  the  only  ap- 
parent evidence  of  entrance  being  an  open  bathroom  or  court- 
yard window  to  which  no  significance  is  ordinarily  attached. 

The  thief  who  enters  by  false  keys  often  locks  the  door  be- 
hind him  when  leaving.  The  "supper  worker"  frequently  climbs 
along  a  cornice  from  a  vacant  house  several  doors  away,  gaining 
entrance  through  an  unfastened  window.'  The  expert  lock  opener 
unfastens  the  spring  bolt  of  a  door  with  a  corset  steel,  leaving 
little  trace  of  his  act  behind. 

Consequenly  the  detective  should  make  the  most  careful  in- 
vestigation before  attributing  an  unexplained  burglary  to  the 
servants  or  employees,  or  to  persons  who  had  made  social  or 
business  visits  prior  to  its  commission. 

If  entrance  had  been  effected  through  a  window,  even  though 
the  window  were  closed  after  his  exit,  a  skillful  detective  can  tell 
the  particular  window  entered  by  examining  the  outside  of  it 
for  such  marks  as  the  brushing 'of  dust  from  cornices  or  sills  by 
the  passage  of  the  thief,  foot-prints  or  finger-prints  thereon. 

If  a  spring  bolt  on  the  door  or  a  window  catch  on  a  window 
had  been  sprung  back  to  gain  entrance,  the  nose  of  the  bolt  or 
the  spring  of  the  catch  or  the  surrounding  woodwork  may  show 
scratch  marks. 

If  a  jimmy  or  instrument  had  been  used  to  force  entrance, 
or  to  open  locked  drawers,  the  marks  made  should  be  carefully 
noted  and  measured,  a  wax  cast  taken  if  necessary,  or  practica- 
ble, or  the  woodwork  on  which  the  marks  are,  removed  and 
safe-guarded.  Measurements,  casts,  etc.,  should  be  held  for  fu- 
ture comparison.  Not  alone  will  marks  give  an  idea  of  the 
instrument  used,  but  they  may  lead  to  the  conviction  of  one  found 
in  possession  of  an  instrument  which  fits  the  particular  kind 
of  mark  made. 

The  third  step  is  to  find  out  what  the  thief  did  after  entering, 
and  what  clues  he  left  that  might  lead  to  his  identity.  The  de- 
tective should  try  to  follow  in  'the  foot-steps  of  the  thief,  from 
entrance  to  exit,  searching  for  every  scrap  of  evidence  that  is 
apparent.  If  he  has  left  footprints,  these  should  be  measured 
and  noted. 

Every  article  on  which  finger-prinjs  might  be  found  should  be 
closely  scrutinized.  Any  found  should  be  developed  at  the  scene 
or,  if  practicable,  the  article  on  which  they  appeared,  removed 
for  later  development. 


124  PRACTICAL  POLICE  WORK 

Anything  that  indicated  a  particular  habit,  such  as  cigarette 
butts,  should  be  noted.  Tools  or  instruments  left  are  of  partic- 
ular importance.  Very  often  it  can  be  determined  by  the  marks 
or  notches  on  them  if  they  have  been  used  for  certain  work,  or  if 
examined  with  a  magnifying  glass,  particles  of  material  on  which 
they  had  previously  been  used  may  be  found  on  them.  Facts  so 
ascertained  may  lead  to  a  particular  suspect. 

The  fourth  step  is  to  get  a  description  of  the  property  stolen. 
Such  description  should  be  thorough  and  distinctive,  both  as  to 
kind,  quality  and  value.  The  detective  should  bear  in  mind, 
when  obtaining  information,  that  many  persons  who  are  victims 
of  theft  greatly  exaggerate,  both 'as  to  quantity  and  value  of 
property  stolen. 

Sometimes  complainants  are  unable  to  give  a  distinctive  de- 
scription in  cases  where  the  property  was  jewelry,  silverware  or 
clothing.  With  expensive  clothing  or  silverware  purchased  from 
a  -well-established  firm,  this  difficulty  may  be  overcome  by  the 
detective  visiting  the  firm,  with  the  complainant.  There  he  would 
be  likely  to  find  a  replica  of  such  property,  and  get  a  description 
and  the  pattern  number.  In  the  case  of  jewelry  which  had  been 
repaired,  the  jeweler  who  made  the  repairs  is  usually  able  to 
furnish  a  description  and  tell  the  particular  scratch  mark  he 
placed  upon  it. 

The  next  step  is  to  determine  who  committed  the  burglary. 
The  victim  of  the  theft,  the  people  who  reside  in,  are  employed 
in  or  do  business  in  the  premises,  and  every  other  person  who 
might  by  any  chance  be  able  to  give  information  or  lead  to  the 
identification  of  the  suspect,  should  be  questioned.  No  efforts 
should  be  spared  to  obtain  every  scrap  of  information  obtainable. 

If  it  appeared  that  the  thief  had  knowledge  of  the  habits  of 
the  occupants  a  knowledge  of  the  interior  of  the  rooms,  or  a 
knowledge  of  the  place  where  the  property  stolen  had  been  kept,, 
prior  to  the  commission  of  the  theft,  particular  inquiry  about 
peddlers,  canvassers,  inspectors  or  the  like  who  had  recently 
visited  the  premises  or  persons  who  might  have  received  such  in- 
formation from  employees  or  servants  should  be  made. 

Of  thefts  in  hotels  or  apartment  houses,  bell  hops,  porters, 
elevator  runners,  janitors,  etc.,  who  by  reason  of  their  employ- 
ment, would  be  likely  to  'possess  special  knowledge,  should  be 
suspected,  as  should  engineers,  firemen,  watchmen,  new  employ- 
ees, etc.,  in  loft  burglaries. 

If  a  new  employee  be  suspected  of  knowing  something  about 


PRACTICAL  POLICE  WORK  125 

the  crime,  the  detective  should  endeavor  to  find  out  where  such 
employee  previously  worked,  and  whether  or  not  at  such  places 
burglaries  had  been  committed.  Some  of  this  information  may 
be  obtained  by  visiting  the  employment  agency,  if  any,  which 
supplied  him. 

A  detective,  however,  should  not,  without  careful  considera- 
tion, arrive  at  the  conclusion  that  the  person  committing  the  theft 
had  prior  knowledge  of  the  interior  of  the  building  or  where  the 
stolen  property  was-  usually  kept. 

The  modren  apartment  or  flat  houses  are  nearly  all  built  upon 
a  general  plan.  A  thief  acquainted  with  the  plan  has  little  diffi- 
culty in  determining  beforehand  the  interior  plan  of  a  like 
apartment.  Often  a  thief  knows  before  entering  that  the  place 
where  he  is  likely  to  find  property  in  3  dwelling,  is  a  bureau 
drawer,  under  a  mattress  or  carpet,  or  in  bric-a-brac,  hidden  by 
the  cautious  housewife. 

In  every  case  of  burglary,  unless  apparent  that  it  was  an  in- 
side job,  careful  inquiry  should  be  made  as  to  what  strangers 
or  suspicious  persons  had  been  seen  entering  or  leaving  the  prem  • 
ises  or  loitering  in  the  vicinity  at  or  about  the  time  the  burglary 
was  committed. 

Of  vehicles,  which  at  the  time  approached,  left  from  or  were 
standing  in  the  vicinity,  distinctive  description  should  be  obtained, 
care,  of  course,  being  taken  to  eliminate  persons  and  vehicles 
obviously  on  legitimate  business.  If  it  were  suspected  that  a 
particular  automobile  had  been  concerned,  the  track  made  by  the 
tire  should  be  noted,  and,  if  practicable,  an  imprint  taken,  as  an 
expert  can  determine  by  examination  of  such  print  the  particular 
kind  of  tire  used.  This  may  lead  to  the  identification  of  the 
automobile  and  its  driver. 

In  case  of  flat  burglaries  it  is  always  well  to  question  the 
occupants  of  flats  other  than  the  one  entered,  as  to  whether,  at 
the  time  the  burglary  was  committed,  their  doorbells  were  rung, 
and  if  the  person  ringing  to  their  knowledge  .had  entered  the  hall 
or  their  apartments.  Did  he  have  any  particular  business  with 
them?  If  they  answered  that  the  bells  did  ring,  and  that  a  per- 
son had  entered  and  had  no  particular  business  with  them,  such 
person  should  be  suspected,  and  his  description  taken.  If  only 
the  finger-prints  of  a  suspect  have  been  obtained,  the  detective 
should  have  them  compared  with  those  on  file,  to  see  if  they 
identified  any  particular  thief. 

If  the  Modus  Operandi  be  significant,  the  detective  should 
consult  the  Modus  Operandi  file  in  the  record  room.  On  finding 


126  PRACTICAL  POLICE  WORK 

a  parallel  method  recorded,  he  should  show  the  picture  of  the  thief 
who  used  this  method  to  persons  who  may  have  seen  him  at  the 
scene  of  the  crime.  If  the  property  be  found  in  a  pawnshop  or 
elsewhere,  he  should  get  the  persons,  other  than  the  thief,  in 
whose  possession  it  was  found,  to  give  a  description  of  the  per- 
son from  whom  it  had  been  obtained,  or  to  state  who  he  was,  and 
where  he  would  be  likley  to  be  found.  If  the  detective  had  rea- 
sonable grounds  to  believe  that  any  particular  person  did  the 
act,  he  should  arrest  him. 

A  description  of  the  property  should  be  taken,  and  a  thorough 
search  made  of  pawnshops,  second-hand  dealers,  junk-shops  or 
any  place  where  the  goods  might  be  hidden.  The  case  should  be 
persistently  followed  to  its  conclusion. 

As  circumstances  differ,  a  detective  should  take  whatever 
course  the  particular  tircumstances  indicate  might  lead  to  dis- 
covery and  detection. 

EXTORTION  AND  BLACKMAIL 

Extortion  and  blackmail  are  twin  crimes,  in  popular  parlance 
and  conception  often  confounded.  Both  are  serious  and  are 
felonies.  Both  belong  in  the  larceny  class.  Blackmail  is  a  sort 
of  attempted  extortion  by  means  of  writing. 

The  essential  difference  between  larceny  and  blackmail  is  that 
in  larceny  the  property  of  the  other  is  taken  without  his  consent 
while  in  extortion  it  is  taken  with  his  consent.  It  includes  cor- 
poration property.  The  consent,  however,  must  have  been  in- 
duced by  a  wrongful  use  of  force  or  fear  or  under  cover  of 
official  right. 

A  person  may  consent  to  a  wrong  for  the  purpose  of  avoiding 
a  greater  wrong  and  is  entitled  to  protection  against  the  necessity 
of  making  such  a  choice. 

The  fear  that  owners  of  property  may  be  put  in,  in  order 
to  make  them  give  up  is  that  induced  by  a  threat : 

1.  To  do  an  unlawful  injury  to  the  person  or  property  of 
the  individual  threatened,  to  any  relative  of  his,  to  any 
member  of  his  family  or  to  a  corporation  of  which  he  be 
an  officer,  stockholder,  employee  or  agent;  or, 

2.  To  accuse  him,  any  relative  of  his  or  any  member -of  his 
family,  of  any  crime;  or, 

3.  To- expose,  or  impute  to  him,  or  any  of  them,  deformity 
or  disgrace;  or, 

4.  To  expose  any  secret  affecting  him  or  any  of  them;  or, 


PRACTICAL  POLICE  WORK  127 

5.  To  kidnap  him  or  any  relative  or  member  of  his  family ;  or, 

6.  To  injure  his  person  or  property,  that  of  any  relative 
of  his  or  member  of  his  family  by  the  use.  of  weapons 
or  explosives. 

The  word   PROPERTY,  as  employed   in  extortion,  means 
every  kind  of  valuable  right  or  interest. 

Examples : 

Black,  president  of  a  labor  union,  obtained  money   from 

White,  a  contractor,  by  threatening  to  call  a  strike  on  a 

building  which  White  was  erecting. 
Black  obtained  money  from  Brown  by  threatening  to  arrest 

him  for  an  immoral  act. 
Black  obtained  money  from  White  by  threatening  to  poison 

his  horses. 
Black  obtained  money  from  White  by  threatening  to  kidnap 

his  child. 
Black  caused  White  to  cancel  a  mortgage  he  held  on  Black's 

home  by  threatening  to  kill  him. 

Under  cover  of  official  right  includes  not  only  a  public  officer, 
but  a  person  pretending  to  be  such  who 

1.  Arrests  another,  or  detains  him  againsi  his  will. 

2.  Seizes  or  levies  on  another's  property. 

3.  Dispossesses  another  off  lands  or  tenements. 

4.  Does  any  act  that  injures  another  in  his  person,  property 
or  rights.    He  commits  oppression  and  is  guilty  of  a  misde- 

r  meaner. 

Examples : 

Brown,  a  policeman,  maliciously  arrested  White  for  an  act 
not  prohibited  by  law. 

Brown,  a  sheriff,  seized  on  White's  property  without  au- 
thority of  law. 

A  public  officer  is  guilty  of  extortion,  a  misdemeanor,  who: 

1.  Asks  a  fee  for  his  official  services. 

2.  Receives  a  fee  in  excess  of  that  allowed  by  law. 

3.  Receives  other  compensation. 

4.  Receives  compensation  for  his  official  services  where  none 
is  allowed  by  law.  . 

As  if  Brown,  a  notary  public,  asked  for  and  received  $5 
•from  White  for  swearing  him  to  an  affidavit. 


128  PRACTICAL  POLICE  WORK 

Blackmail 

Bleackmail  is  really,  though  not  strictly,  or  technically,  at- 
tempted extortion  in  writing.  The  person  guilty  of  sending  a 
letter  demanding  property  can  be  punished  for  blackmail  for 
the  sending  of  the  letter,  as  the  crime  is  complete  as  soon  as  the 
letter  is  parted  with. 

Its  elements  are: 

1.  A  threatening  letter  and  knowledge  of  its  contents. 

2.  Intent  to  extort. 

3.  Parting  with  the  letter  to  be  sent. 

A  person  is  guilty  of  blackmail  who,  knowing  the  contents, 
and  with  intent  by  means  thereof,  to  extort  or  gain  money  or 
property,  or  to  do,  abet,  or  procure  any  illegal  or  wrongful  act, 
sends,  delivers,  or  in  any  manner  causes  to  be  forwarded  or  re- 
ceived, or  makes  and  parts  with  for  the  purpose  that  there  may 
be  sent  or  delivered,  any  letter  or  writing,  threatening : 

1.  To  accuse  any  person  of  a  crime;  or, 

2.  To  do  any  injury  to  any  person  or  to  any  property;  or, 

3.  To  publish  or  connive  at  publishing  any  libel;  or, 

4.  To  expose  or  impute   to  any  person   any  deformity  or 
disgrace,  punishable  by  imprisonment  for  not  more  than 
fifteen  years. 

Blackmail  is  somewhat  similar  to  extortion   (a  felony),  the 
threats  constituting  both  crimes  being  to  a  great  extent  similar. 
Extortion  can  be  committed  either  by  verbal  or  written  threat, 
but  the  crime  is  consummated  only  when  the  perpetrator  benefits 
by  such  threats.     In  blackmail,  the  perpetrator  is  guilty  of  the 
crime  the  moment  he  sends  or  delivers  the  written  threat. 
Example : 

If  Brown,  intending  to  extort  money  from  Jones,  shows 
Jones  a  paper  on  which  threats  constituting  extortion  and 
blackmail  were  written,  or  printed,  but  Jones  refuses  to 
give  such  money,  attempted  extortion  would  be  commit- 
ted, but  if  it  were  sent  the  crime  would  be  blackmail. 

Blackmail  and  Extortion 

The  crimes  of  Blackmail  and  Extortion  are  committed  by 
criminals  of  all  nationalities.  The  methods  used  in  the  commis- 
sion vary  according  to  the  particular  kind  of  threat  by  which  the 
victim  is  induced  to  part  with  his  property. 


PRACTICAL  POLICE  WORK  129 

How  Blackmailers  Work 

Most  of  the  criminals,  in  this  city,  who  extort  money  by 
threatening  to  do  unlawful  injury  to  the  person  or  property  of 
others  are  emigrants  from  Southern  Europe,  many  of  whom 
have  criminal  records  in  the  land  of  their  birth.  These  persons 
usually  reside  in  the  sections  of  the  city  colonized  by  persons  of 
the  same  nationality,  who,  in  most  cases,  are  the  victims. 

Such  criminals  generally  operate  in  the   following  manner: 

Three  or  four  of  them  combine  with  one  another  and  select 
a  prosperous  fellow-countryman  as  the  prospective  victim.  One 
of  them,  who  has  gained  the  "victim's"  confidence,  by  posing  as 
his  friend,  seeks  every  opportunity  to  engage  him  in  friendly  con- 
verse on  the  subject  of  blackhanders  and  pictures  what  desper- 
ate criminals  they  are. 

When  it  is  felt  that  the  man's  mental  state  is  such  that  he 
can  be  frightened  easily,  a  letter  signed  with  a  black  hand  is  sent 
him  commanding  him,  say  to  leave  his  residence  and  proceed  at  a 
certain  time  and  date,  by  a  specified  route,  to  a  designated  place, 
and  either  give  a  certain  sum  of  money  to  one  who  will  identify 
himself  by  a  prearranged  password,  or  place  it  under  a  stone, 
threatening  him  with  dire  vengeance  upon  failure  to  comply,  or 
in  case  information  is  given  to  the  police. 

After  the  victim  has  read  the  letter,  the  false  friend  visits  him 
to  find  out  its  effect,  adroitly  introducing  the  subject  of  black- 
handers. If  the  victim  confides  to  him  the  contents  of  the  letter, 
he  is  advised  not  to  inform  the  police,  but  to  pay  the  money,  and 
avoid  the  danger  that  confronts  him. 

If  the  victim  signifies  his  intention  of  meeting  the  demand, 
the  false  friend  will  inform  the  blackmailers. 

From  the  time  the  victim  receives  the  letter  until  he  is  to 
leave  home  to  deliver  the  money,  he  is  kept  under  observation, 
to  see  if  he  visits  or  is  visited  by  the  police.  From  the  time  he 
leaves  home  to  deliver  the  money  until  he  reaches  the  place  desig- 
nated, for  delivery,  he  is  trailed  by  one  of  the  blackmailers.  If 
his  actions  are  not  suspicious,  the  money  is  taken  and  the  trans- 
action concluded. 

If,  however,  the  victim  excites  suspicion  by  his  actions,  or 
there  be  suspicion  that  the  police  have  been  informed,  none  of 
the  criminals  will  be  at  the  place  designated.  The  victim  returns 
home  and  in  a  few  days  receives  a  second  letter  stating  that  the 
money  was  not  accepted  because  the  police  were  hiding  at  the 
place  and  that  he  is  suspected  of  having  informed  them.  He  is 


i3o  PRACTICAL  POLICE  WORK 

again  commanded  to  take  the  money  to  another  designated  place,, 
in  a  different  locality,  and  threatened  should  he  fail,  with  ven- 
geance, swift  sure  and  terrible. 

If  the  recipient  of  a  blackmailing  letter  fails  to  comply  with 
the  demand  made  in  it,  or  informs  the  police,  a  bomb  is  made,  usu- 
ally by  placing  black  powder  and  slugs  in  the  center  of  a  ball 
of  tightly  rolled  paper,  through  which  a  fuse  is  inserted;  or  dy- 
namite may  be  used.  This  bomb  is  taken  by  one  of  the  conspira- 
tors to  the  residence  or  place  of  business  of  the  victim,  at  an 
opportune  moment  the  fuse  is  lighted,  and  the  bomb  placed  in 
the  hallway  of  the  victim's  residence  or  the  doorway  of  his  store. 
The  fuse  is  timed  so  that  the  blackmailer  has  sevaral  minutes  to 
leave  the  scene  before  the  explosion  occurs.  The  explosion,  par- 
ticularly if  black  powder  be  used,  rarely  does  much  damage. 

The  victim  is  next  sent  another  letter,  threatening  future 
injury  of  a  more  serious  nature  unless  he  complies  with  their 
demands.  If  he  proves  stubborn,  another  bomb  may  be  exploded, 
but  generally  the  attempt  to  extort  is  abandoned. 

Sometimes  blackmailing  letters,  demanding  money  and  threat- 
ening injury,  are  sent  to  victims  who  are  engaged  in  business, 
for  the  purpose  of  frightening  them  into  moving  such  business 
from  a  particular  locality. 
For  instance: 

"Marino  opens  a  grocery  store  adjacent  to  a  grocery  store 
conducted  by  Carro.  Fearful  of  losing  his  trade,  Carro 
hires  one  of  a  band  of  reputed  bad  men  of  the  locality, 
to  put  his  rival  out  of  business.  The  persons  hired  for 
this  purpose  write  the  usual  blackmailing  letter  to 
Marino  and  demand  an  impossible  sum  of  money  from 
him.  The  first  letter  is  followed  by  another,  accusing 
him  of  informing  the  police  and  the  letters  are  followed 
by  bombs,  until  Marino  becomes  so  frightened  that  he 
closes  his  store  and  leaves  the  locality." 

Other  Methods  of  Operation 

The  most  frequent  offenders  of  this  class  are  clever  persons, 
who  prey  upon  men  or  women  of  lax  morals.  These  criminals 
have  various  methods  of  operation,  but  the  one  most  frequently 
used  is  as  follows : 

A  young  woman  enters  into  a  flirtation  with  a  likely  victim 
in  a  hotel,  lobby,  or  restaurant.  The  victim  is  encouraged  into 
making  improper  advances,  which  are  received  with  assumed 


PRACTICAL  POLICE  WORK  131 

reluctance,  but  which  terminate,  usually  in  intimate  intercourse. 
After  one  or  two  such  acts  the  woman  suggests  a  visit  to  Asbury 
Park,  Boston,  or  some  place  out  of  the  State:  If  the  victim  com- 
ply, the  woman  informs  her  male  accomplices,  who  trail  them  to 
the  hotel.  After  the  man  has  registered  the  woman  as  his  wife 
and  enters  a  bedroom  with  her,  he  is  visited  by  her  male  asso- 
ciates who  represents  themselves  as  United  States  officials  and 
threaten  them  with  arrest  under  the  Compulsory  Prostitution 
act.  The  victim  usually  pays  in  order  to  avoid  arrest. 

Sometimes  the  extortionists  try  to  keep  within  the  law  by 
operating  in  the  following  manner : 

Just  as  the  victim  registers  in  a  hotel  in  another  State,  one  of 
them  pushes  him,  so  that  he  steps  on,  or  falls  against  another 
extortionist,  who  pretends  to  be  injured,  and  indignant,  and  looks 
at  the  hotel  register  to  ascertain  the  victim's  name. 

When  the  man  returns  home,  one  of  the  extortionists,  some- 
times representing  himself  as  an  attorney,  calls  and  states  that 
his  client,  supposed  to  be  the  person  injured  at  the  hotel,  is  going 
to  bring  suit  for  damages  and  use  the  victim's  wife,  who  was 
with  him  in  the  hotel,  as  a  witness.  The  man,  afraid  of  disgrace, 
notoriety  and  possible  conviction,  pays  to  have  the  suit  dropped. 

Foolish  married  women  are  often  the  victims  of  extortionists. 
The  following  is  one  of  the  methods  employed : 

A  fellow,  gentlemanly  in  appearance,  and  a  good  dancer, 
forms  an  acquaintance  with  an  unescorted  married  woman,  who 
has  reached  the  foolish  age,  and  flatters  her  vanity  by  telling 
her  how  well  she  looks  and  dances.  This  acquaintance  is  made 
in  a  Tango  Parlor  (may  be)  and  strengthened  by  visits  to  other 
parlors,  culminating  in  a  visit  to  a  seashore  hotel,  where  a  female, 
claiming  to  be  the  wife  of  the  man,  enters  and,  finding  them, 
threatens  divorce.  The  victim  is  .induced  by  the  man  to  pay  to 
avoid  disgrace. 

Another  method  is  known  to  the  police  as  the  "badger  game." 
It  is  worked  by  a  man  and  a  woman : 

The  wo'man,  young  and  attractive,  flirts  with  a  likely  victim 
in  a  hotej  parlor,  cabaret,  prominent  thoroughfare,  etc.  She  in- 
forms him  that  her  husband  is  out  of  town  and  that  she  is  out  for 
a  good  time.  He  is  invited  to  her  home.  The  acquaintance  pro- 
ceeds to  such  intimate  relations  that  he  removes  his  outer-cloth- 
ing and  otherwise  compromises  himself.  At  the  psychological 
moment  the  confederate  knocks,  or  rings  the  bell,  and  the  woman 
pretends  to  be  greatly  frightened,  informing  the  victim  that  her 


132  PRACTICAL  POLICE  WORK 

husband  has  returned,  may  be  inducing  him  to  hide  in  a  clothes 
closet. 

The  supposed  husband  is  permitted  to  enter,  pretends  to  be 
suspicious,  searches  the  premises,  finding  the  victim  and  displays 
great  anger,  threatening  him  with  arrest. 

The  supposed  wife  intercedes,  claiming  that  he  is  innocent 
of  any  wrongdoing  and  stating  his  name  and  address,  if  she 
has  learned  it.  A  money  settlement  is  suggested  and  the  victim 
leaves  the  premises  a  wiser  but  poorer  man. 

The  writing  of  a  letter,  anonymous  or  otherwise,  to  another 
person  for  the  purpose  of  annoying  him  is  a  misdemeanor.  So 
is  the  sending  of  a  fake  subpoena  or  any  paper  simulating  a  legal 
process  for  the  purpose  of  making  him  believe  he  has  to  appear 
in  court.  Even  though  there  is  a  threat  in  the  letter  to  do 
injury  and  no  attempt  to  extort  money,  a  misdemeanor  only  is 
committed. 

ROBBERY 

To  constitute  Robbery  there  must  be  six  elements  present : 

1.  The  property  taken  must  be  personal  property  or  money. 
Example : 

If  Black  feloniously  and  forcibly  took  possession  of  White's 
real  estate  in  his  presence,  he  could  not  be  charged  with 
robbery. 

2.  The  taking  must  be  unlawful,  the  taker  not  the  actua* 
owner  or  the  lawful  custodian. 

Example : 

If  Black  stole  White's  watch  and  sold  it  to  Brown,  White 
would  not  be  guilty  of  robbery  if  he  forcibly  took  his 
watch  from  Brown. 

3.  The  property  must  be  taken   from  the  person  or  in  the 
presence  of  another. 

Example : 

If  Black,  while  White  was  absent  from  his  home,  assaulted 
him  and  made  him  unconscious,  then  went  to  White's 
home  and  stole  property,  he  could  not  be  charged  with 
robbery,  as  the  property  was  not  taken  from  the  person, 
or  in  the  presence  of  White;  whereas,  if  he  entered 
White's  home,  compelled  White  to  absent  himself  by 
threatening  to  shoot  him,  and  then  stole  White's  prop- 
erty, he  could  be  so  charged,  because  the  property  was 
in  White's  presence  when  the  robbery  was  begun. 


PRACTICAL  POLICE  WORK  133 

4.  It  must  be  takeji  against  his  will. 
Example : 

Black's  employer  gave  him  a  sum  of  money  to  deposit  in 
the  bank;  he  conspired  with  his  friend  Brown  to  steal  it 
and  for  the  purpose  of  deceiving  his  employer,  permitted 
Brown  to  manhandle  him  and  take  the  money  from  his 
possession  by  force.  Brown  could  not  be  charged  with 
robbery,  because  the  property  was  not  taken  against 
Black's  will. 

5.  Force  or  violence  must  be  used  to  obtain  it  from  the 
person  or  presence  of  another  or  he  must  have  been  put 
in  fear  of  injury  to  himself  or  his  property,  or  to  a  rela- 
tive, or  his  family,  or  any  one  in  his  company  at  the  time 
of  the  robbery. 

Example : 

If  Black  stole  White's  automobile  while  it  was  in  Brown's 
charge,  and  accomplished  the  theft  by  threatening  to  in- 
jure White  who  was  not  present,  he  could  not  be  charged 
with  robbery. 

6.  The  force  used,  or  the  putting  in  fear  of  injury  must  be 
for  the  purpose  of  obtaining  or  retaining  possession  of 
the  property,  or  to  overcome  resistance  to  the  taking.     If 
the   force  is  employed  merely  as  a  means  of  escape,  it 
does  not  constitute  robbery. 

Example : 

If  Black  secretly  picked  White's  pocket  and  then  assaulted 
Green,  who  tried  to  prevent  his  escape,  he  could-  not  be 
charged  with  robbery. 

h— <• -  v*.-.*^. •<-:-•  ••*******•• 

Three  Elements  Constitute  Robbery  in  the  First  Degree 

An  unlawful  taking  or  compulsion,  if  accomplished  by  force 
or  fear,  is  robbery  in  the  first  degree,  when  committed  by  a  person 
under  any  of  the  following  conditions : 

1.  Being  armed  with  a  dangerous  weapon ;  or, 

2.  Being  aided  by  an  accomplice  actually  present;  or, 

3.  When  the  offender  inflicts  grievous  bodily  harm  or  injury 
upon   the   person    from   whose   possession,   or   in   whose 
presence  the  property  is  taken,  or  upon  the  wife,  hus- 
band, servant,  child,  or  inmate  of  the  family  of  such  per- 
son, or  any  one  in  his  company  at  the  time,  in  order  to 
accomplish  the  robbery. 


134  PRACTICAL  POLICE  WORK 

Robbery  in  Second  Degree  Is 

Unlawful  taking,  when  accomplished  by  force  or  fear,  but 
not  under  circumstances  amounting  to  robbery  in  the  first  degree. 

1.  By  the  use  of  violence;  or, 

2.  By  putting  the  person  robbed  in  fear  of  immediate  injury 
to  his  person  or  that  of  some  one  in  his  company. 

h 

Third  Degree  Robbery 

A  person  who  robs  another  under  circumstances  not  amount- 
ing to  robbery  in  the  first  or  second  degree,  is  guilty  of  robbery 
in  the  third  degree. 

Robbery  differs  from  Extortion,  a  felony,  in  the  following 
ways: 

Robbery 

1.  The  property  taken  must  be  personal  property. 

2.  The  taking  must  be  against  the  will  of  the  victim  and 
against  his  desire. 

3.  The  threat  of  injury  is  suchj;hat  the  victim  has  no  alter- 
native other  than  the  giving  of  the  property  demanded  to 
avoid  injury. 

(a)  Obtaining  property  by  threatening  to  expose  victim  to 
disgrace  and  humiliation  would  not  constitute  robbery. 

(b)  In  robbery  it  must  be  proven  that  the  property  was  taken 
.in  the  presence  or  from  the  person  of  another. 

Extortion 

1.  The  property  obtained  may  be  any  kind  of  property. 

2.  The  taking  is  with  the  consent  of  the  victim,  although 
against  his  desire. 

3.  The  threat  of  injury  made  to  obtain  the  property  is  of 
such  a  nature  that  the  victim  is  given  time  to  consider. 

(a)  Obtaining  property  by  such  threat  would  constitute  ex- 
tortion. 

(b)  In  extortion  it  is  not  necessary  to  prove  that  the  property 
taken  was  in  the  presence  or  from  the  person  of  an- 
other. 


CHAPTER  IX 

BRIBERY,  ETC. 

A  person  to  be  bribed  must  be  acting  in  a  representative  ca- 
pacity and  not  for  himself.  The  bribe  must  be  a  consideration 
to  influence  his  action  improperly. 

There  are  five  classes  of  persons  who  may  be  bribed : 

1.  Persons    authorized    by    law    to   hear   and    determine   a 
matter   in   dispute.     They   are   judges,   jurors,   referees, 
appraisers,  etc. 

2.  Public  officers  who  ask  for,  receive  or  agree  to  receive 
valuable  consideration   to   influence  their  official   action. 

3.  Witnesses   in  an  authorized  proceeding  who   receive  or 
agree  to  receive  a  consideration  to  give  false  testimony 
or  stay  away  from  the  trial. 

All  the  foregoing  are  felonies.     In  addition  there  are : 

1.  Labor  representatives  who  can  be  bribed  by  a  considera- 
tion to  induce  them  to  call  off  or  call  a  strike. 

2.  Servants  who  take  gratuities  or  commissions  from  trades 
people   as   a   consideration    for   the   trade   of   their   em- 
ployer which  they  control. 

In  the  first  three  the  taker  and  giver  of  the  bribe  are  equally 
guilty.  In  the  case  of  the  labor  representative  the  person  who 
gives  the  bribe  is  guilty  of  a  misdemeanor,  but  not  the  labor 
man  who  takes  it. 

Methods  of  Detecting  Bribery 

The  police  are  called  into  action  in  bribery  cases  after  a  de- 
mand has  usually  been  made  and  when  one  side  is  willing  to  go 
through  with  the  formalities  for  the  purpose  of  "getting"  the 
other. 

Marked  money,  a  suitable  place  for  negotiations,  a  policeman 
concealed  so  as  to  hear  and  if  possible  see,  a  seizure  of  the  per- 
son and  of  the  money  passed  constitute  the  ordinary  methods  of 
procedure. 

135 


136  PRACTICAL  POLICE  WORK 

Sometimes  dictaphones  are  introduced  but  when  the  case  is 
difficult  a  detective  or  possibly  two  should  take  part  after  higher 
officials  have  been  consulted  with. 
Examples : 

Black,  a  subpoena  server,  employed  in  the  District  Attor- 
ney's  office,   received   money    from    Brown   because   he 
agreed  to  postpone  the  service  of  a  subpoena. 
Black,  a  policeman,  received  money  from  Brown  because  he 

agreed  not  to  enforce  the  gambling  law. 
Black,  a  juror,  received  money   from  Brown  because  he 

agreed  to  vote  to  acquit  him. 
Black,  an  Alderman,  received  money  from  Brown  because 

he  agreed  to  vote  for  a  certain  concession. 
Black,  a  witness,  received  money  from  Brown,  because  he 

agreed  to  absent  himself  from  the  trial. 
Black  offered  to  give  a  policeman  money  if  he  would  give 
false  testimony  in  count. 

LARCE1STY 

Every  fraudulent  taking  or  obtaining  of  the  money  or  prop- 
erty of  another  is  larcenous.  All  of  the  crimes  of  this  nature 
are  not  included  under  the  head  of  larceny  in  the  Penal  Law,  as 
from  time  to  time,  methods  of  cheating  and  defrauding  sprung 
up  which  were  not  covered  in  the  law,  and  for  which  conviction 
could  not  be  had  on  account  of  the  rigid  interpretation  of  that 
provision  of  the  Penal  Law  which  says  that  nothing  is  a  crime 
unless  specifically  made  so  by  the  law. 

A  person  is  guilty  of  larceny  who  with  criminal  intent: 

1.  Takes  another's  property; 

2.  Deprives  another  of  the  use  or  benefit  of  his  property; 

3.  Obtains  another's  property  by  trick,  artifice,  fraud,  cheat, 
false   token  or  writing,   misrepresentation   or   false  pre- 
tense. 

4.  Being  intrusted  with  another's  property  as  bailee  or  cus- 
todian,  appropriates   it   to  his   own   use,   or   the  use  of 
another. 

False  pretense  means  a  pretense  about  some  existing  fact,  and 
not  a  pretense  of  something  to  be  done.  A  person  cannot  be  con- 
victed of  obtaining  property  by  false  pretense,  unless  it  is  proved 
that  the  false  pretenses  were  made  with  the  intent  to  cheat  and 
defraud  and  that  the  complainant  was  induced  to  part  with  his 
property  on  the  strength  of  such  false  pretenses. 


PRACTICAL  POLICE  WORK  137 

Example : 

If  Black,  intending  to  defraud  White,  obtained  money  from 
him  by  falsely  telling  him  that  Brown  had  sent  him  for  it, 
criminal  intent  would  be  apparent.     But  if,  with  like  in- 
tent he  borrowed  money  from  White,  on  the  pretense  that 
he  was  going  to  invest  it  in  business,  and  failed  to  do  so, 
or  to  return  the  money,  larceny  could  not  be  charged. 
The  giving  of  an  N.  G.  check,  and  on  its  strength  obtaining 
something  valuable  is  larceny,  when  the  giver  knows  that  the 
check  was  N.  G.     The  difficulty  is  to  prove  the  intent.     It  is 
prima  facie  evidence  of  criminal  intent  when  the  giver: 

1.  Draws  a  check  on  a  bank  in  which  he  has  no  account  or 
credit  whatsoever;  or, 

2.  When  his  check  has  been  dishonored  by  the  bank  be- 
cause of  insufficient  funds  and  he  does  not  pay  the  drawee 

thereof  the  amount  due  thereon  together  with  costs  within 
ten  days  after  receiving  notice  from  the  drawee  that  his 
check  was  N.  G. 
If  a  check  were  given  for  the  payment  of  a  debt  overdue,  there 

is  no  crime. 

••  j  * .  .1  ,    3 

iixample :  ^ 

Black  obtained  goods  on  credit  from  White  and  gave  him 

an  N.  G.  check  for  the  amount  of  the  debt. 
Larceny  by  Bailee  or  Custodian. 
Example : 

Black  agreed  to  hire  White  and  received  a  deposit  of  money 

from  him  as  security  for  the  faithful  performance  of  his 

duties,  agreeing  to  return  it  on  the  termination  of  the 

employment,  and  failed  to  employ  White,  or  return  the 

money. 

WThite  sent  Black  to  the  bank  with  a  $50  bill  to  get  change, 

and  he  lost  the  money  gambling. 

Black,  an  attorney,  acting  on  a  contingent  fee,  misrepre- 
sented to  his  client  the  amount  he  received 'in  settlement: 
of  the  claim,  and  retained  a  greater  sum  than  he  was, 
entitled  to  under  his  contract. 

Black  obtained  possession  of  jewelry  from  its  owner,  uporr 
a  statement  that  he  had  a  customer  to  whom  he  could 
sell  it,  and  upon  an  agreement  either  to  return  the  jew- 
elry or  the  price  of  it  and  he  did  neither. 
Other  methods  of  committing  larceny  are  by  bringing  stolen 
property  into  this  State;  finding  lost  property,  and  not  looking 
for  the  owner,  having  the  intent  to  keep  it;  selling  or  pawning 


138  PRACTICAL  POLICE  WORK 

property  entrusted  to  a  person  for  one's  own  use,  or  for  the 
purpose  of  being  manufactured,  or  with  criminal  intent,  chang- 
ing the  original  mark  of  identification  of  any  such  property; 
operating  a  public  telephone,  slot  machine  or  automatic  vending 
machine  by  artifice;  fake  money. 

There  is  the  case  of  various  kinds  of  collectors  who  appro- 
priate large  sums  from  their  employees  in  small  amounts.    Unless 
some    one    of   the    sums    exceed   $50.00   only    petit    larceny    is 
chargeable. 
Example : 

If  Black,  a  collector,  were  required  to  turn  over  to  his  firm 
each  evening  the  amount  of  his  collections  for  that  day, 
and  stole  $50.00  from  each  day's  collections,  he  could  be 
charged  only  with  petit  larceny;  whereas,  if  required  to 
turn  in  the  amount  of  his  collection  at  the  end  of  each 
week,  and  stole  $50.00  each  day,  he  could  be  charged 
with  grand  larceny. 

A   false  written  statement  to  obtain  credit,  or  a   false  oral 
statement  that  a  written  statement  on  which  credit  was  obtained 
is  now  true,  when  it  is  not,  is  a  misdemeanor. 
Example : 

Brown   made   a    false   written   statement   of   his   financial 
condition,  and  White  believing  it  to  be  true,  gave  him 
goods  on  credit. 

Brown  made  a  true  written  statement  relative  to  his  finan- 
cial condition  on  a  Monday  and  on  it  obtained  credit  from 
White.  On  the  following  Saturday  he  made  a  false  oral 
statement  to  White  that  his  financial  condition  was  as 
good  as  it  was  stated  to  be  on  the  previous  Monday,  and 
obtained  credit  thereby. 

Larceny  is  both  a  felony  and  misdemeanor.  The  grade  of  the 
offence  depends  upon  the  amount,  the  time  and  the  manner  and 
place  of  taking. 

A  person  is  guilty  of  grand  larceny  who : 

1.  Steals  any  property  from  the  person  of  another. 

2.  Steals  in  any  other  manner  property  over  $50.00  in  value. 

3.  Steals  public  documents  or  records. 

4.  Steals  in  the  night  time  property  of  more  than  $25.00  in 
value  from  a  dwelling  house,  vessel  or  railway  car. 

Other  forms  of  larceny  are  Petit  Larceny. 
The  value  of  an  article  may  either  appear  on  its  face,  or  if  it 
does  not,  then  the  market  value  of  what  is  taken,  not  the  value 


PRACTICAL  POLICE  WORK  139 

which  the  owner  had  placed  upon  it,  even  though  the  thing  was 
worth  more  to  him  than  the  market  value. 

1.  If  an  evidence  of  debt,  the  amount  to  be  collected : 
For  instance: 

"Jones  gave  his  note  to  Brown  for  $60.00 ;  a  person  stealing 
such  note  from  Brown  would  be  guilty  of  Grand  Larceny. 

2.  Any  bond,  certificate  or  other  security  having  a  market 

value,  that  market  value  is  the  value  thereof. 

3.  Any  other  kind  of  security  or  deed,  the  sum  that  might 
be  recovered  for  the  want  thereof  or  the  value  of  the 
property  at  stake. 

For  instance: 

"Jones  stole  a  promissory  note  valued  at  $7,000,  the  larceny 
was  of  that  amount." 

4.  If  the  thing  stolen  be  a  passage,  ticket  for  a  boat,  train, 
or  the  like,  the  amount  that  such  ticket  is  usually  sold  for. 

5.  In  other  cases  the  market  value  of  the  thing  stolen. 
For  instance: 

"Jones  stole  an  automobile  for  which  Brown  paid  $5.00, 
but  which  could  be  sold  in  the  open  market  for  $500.00 
The  amount  of  the  larceny  is  $500.00." 
"Jones  stole  a  ring  from  Brown  which  Brown  valued  at 
$500.00,  its  market  value  being  only  $5.00,  the  amount 
of  the  larceny  is  only  $5.00." 

In  such  case,  however,  the  market  value  acted  on  by  the  po- 
lice is  the  value  placed  on  the  article  by  the  owner,  that  is,  provid- 
ing such  value  is  within  reason. 

It  is  not  larceny  to  take  property  openly  to  which  a  person 

thinks  he  is  entitled  when  he  is  not.     As  a  general  rule  a  man 

cannot  be  charged  with  larceny  for  the  taking  of  his  own  property. 

Larceny  in  the  first  degree  is  the  taking  or  appropriating  of: 

1.  Property  of  any  value,  by  taking  it  from  the  person  o£ 
another  in  the  night  time;  or, 

2.  Property  of  the  value  of  more  than  twenty-five  dollars, 
by  taking  it  in  the  night  time  from  any  dwelling-house, 
vessel,  or  railway  car;  or, 

3.  Property  of  the  value  of  more  than  five  hundred  dollars, 
in  any  manner  whatever. 

Grand  Larceny  in  Second  Degree 

• 

A  person  is  guilty  of  grand  larceny  in  the  second  degree  who, 
under  circumstances  not  amounting  to  grand  larceny  in  the  first 


140  PRACTICAL  POLICE  WORK 

degree,  steals  or  unlawfully  obtains  or  appropriates: 

1.  Property  of  the  value  of  more  than  fifty  dollars,  but  not 
exceeding  five  hundred  dollars,  in  any  manner  whatever; 
or, 

2.  Property  of  any  value,  by  taking  it  from  the  person  of 
another;  or, 

3.  A  record  of  a  court  or  officer,  or  a  writing,  instrument  or 
record  kept  filed  or  deposited  according  to  law,  with,  or 
in  keeping  of  any  public  office  or  officer. 

Seizing  Military  Stores  Belonging  to  the  State 

To  steal  stores  or  ammunition  from  an  arsenal,  armory,  fort 
or  encampment  or  to  enter  such  places  with  that  intent,  is  a 
felony  punishable  with  ten  years'  imprisonment. 

Buying  or  Receiving  Stolen  Property 

A  receiver  of  stolen  property  is  a  person  who  knowing  such 
property  to  be  stolen,  buys  or  receives  it,  or  who  corruptly  for 
any  money,  property,  reward  or  promise,  or  agreement,  conceals, 
withholds,  or  aids  in  concealing  or  withholding  such  property. 

To  secure  a  conviction  on  such  a  charge,  it  is  necessary  to 
prove 

I.     That  the  property  was  stolen. 

•2.     That  the  accused  received  it  knowingly. 

3.     That  he  knew  it  had  been  stolen. 

In  the  case  of  a  junk  dealer  there  is  substituted  for  the  third 
provision  the  condition  that  he  did  not  make  diligent  inquiry. 

A  junk  dealer,  second  hand  dealer,  or  his  agent,  employee,  or 
representative,  is  guilty  of  criminally  receiving  stolen  goods,  who 
buys  or  receives,  without  making  diligent  inquiry  that  the  persons 
selling  have  a  lawful  right  to  do  so,  any 

-wire 

cable  •  used  by  or  belong-  or  any  metal  in 

copper          ing  to  a  railroad,  the  form  of  ingots, 

lead  telephone,  gas  or  ingot  bars,  wire 

.  solder  electric  light  com-  bars,  cakes,  slabs, 

iron  or         pany.  billets  or  pigs. 

brass 

• 

If  such  articles  were  found  in  the  possession  of  the  junk  or 


PRACTICAL  POLICE  WORK  141 

second  hand  dealer,  and  he  could  not  lawfully  account  for  them 
it  would  be  presumptive  evidence  that  he  knowingly  received 
stolen  property. 

If  the  stolen  property  criminally  received  be  valued  at  more 
than  $50.00,  the  person  responsible  is  usually  guilty  of  a  felony, 
otherwise  a  misdemeanor. 

A  junk  dealer,  on  buying  any  pigs  of  metal,  gates  or  parts 
thereof,  brass,  copper,  or  wire  car  journals,  is  required  to 
make  out  a  full  written  statement  of  the  purchase,  have  it  signed 
by  the  seller  and  forward  it  to  the  Police  Commissioner. 

Guilty  knowledge  may  be  presumed  from  the  following  cir- 
cumstances : 

Examples : 

Black  is  found  carrying  a  bag  containing  silverware  which 
had  been  stolen  a  short  time  before,  and  unable  to  ac- 
count for  its  possession. 

Black  has  stolen  jewelry  in  his  possession  which  he  had 
purchased  from  young  children. 

Black  has  a  stolen  automobile  in  his  possession — its  color 
and  motor  number  having  been  changed  after  he  bought  it. 

Black  has  property  in  his  possession  which  had  been  stolen 
from  various  persons,  and  he  cannot  lawfully  account 
for  it. 

Black,  a  junkman,  has  stolen  property  in  his  possession, 
and  had  made  no  record  of  the  purchase. 

FORGERY 

Forgery  implies: 

1.  The  imitation  of  another's  act. 

2.  Defrauding  the  other  in  consequence  of  the  imitation. 
Generally    speaking    there    are    three    ways    of    committing 

forgery. 

1.  By  fraudulently  affixing  another's  name  to  an  instrument. 

2.  By  changing  an  instrument  already  made. 

3.  By  making  a   fraudulent  instrument  over  a  genuine  sig- 
nature. 

A  person  is  guilty  of  forgery  who  to  cheat  and  defraud,  at- 
tempts to  imitate  the  personal  acts  of  another  by  the  false  making, 
or  altering,  of  any  writing  which  if  genuine  might  render  such 
•<iih<T  | >(•'•«  >ii  liable  to  loss  or  c'aniage  of  any  kind. 

The  instrument  forged  may  be  a  paper,  a  stamp,  seal,  coin,  or 


142  PRACTICAL  POLICE  WORK 

anything  the  imitation  of  which  would  result  in  fraudulent  gain. 
Possession  of  it  with  intent  is  criminal. 

The  crime  is  rarely  ever  obvious  to  a  policeman,  and  his  duty 
towards  it  generally  does  not  go  beyond  arresting  after  a  warrant. 

Examples : 
Brown — 

1.  Signed  his  own  name  to  a  check  and  got  it  cashed  by 
falsely  stating  that  it  was  signed  by  another  person,  also 
named  Brown. 

2.  Stole  money    from  his  employer  and   covered  up  his- 
thefts  by  making  false  entries  in  his  employer's  account 
books. 

3.  Had  a  check  in  his  possession  drawn  by  White,  and 
with  intent  to  defraud,  raised  the  amount  of  the  check. 

4.  Counterfeited  United  States  money. 

5.  Had  molds  for  the  counterfeiting  of  money  in  his  pos- 
session, unlawfully. 

6.  Knowingly  passed  counterfeit  money  (the  passer  adopts 
the  making  as  his  own). 

7.  Intending  to  defraud,  signed  White's  name  to  an  order 
for  property  without  White's  consent. 

Frauds  and  Cheats 

Among  the  frauds  perpetrated  from  time  to  time  and  to  pre- 
vent which  it  was  found  necessary  to  make  special  laws  were 
the  following: 

Conducting  fake  charitable  organizations. 

Collecting  for  fake  charitable  purposes. 

Selling  tickets  for  fake  balls  and  entertainments. 

Conducting  mock  auctions. 

Beating  hotels  out  of  the  cost  of  food,  lodging  and  accommo- 
dation. 

Depressing  or  booming  stocks  through  fake  messages  of 
President  or  Governor. 

Producing  a  pretended  heir  to  a  man  who  has  just  died. 

Substituting  a  false  child  for  the  true  one  with  intent  to  de- 
ceive. 

Getting  employment  by  false  pretences. 

Getting  money  by  false  pretences. 

Impersonating  public  officials  or  employees  for  purposes  of 
gain. 

Using  Army  and  Navy  uniform  for  purposes  of  gain. 


PRACTICAL  POLICK   WORK  143 

Falsely  representing  one's  self  as  a  policeman. 

Falsely  representing  one's  self  to  certain  well  known  societies. 

It  is  a  felony  to  publish  a  false  message  of  the  President  or 
the  Governor ;  to  procure  a  false  heir,  or  substitute  one  child  for 
.another. 

In  the  case  of  getting  money  through  fake  charity  methods, 
it  is  a  felony  if  the  money  is  obtained  upon  the  strength  of  a  false 
token  or  writing  purporting  to  be  signed  by  an  officer  of  a  gen- 
uine organization,  but  only  a  misdemeanor  if  the  money  is  ob- 
tained upon  the  strength  of  oral  representation.  In  the  other 
•cases  the  act  itself  is  a  misdemeanor.  It  may  develop  into  a  felony 
depending  upon  the  amount  or  intent  of  the  fraud.  Care  should 
be  taken  to  distinguish  between  the  act  done  for  the  purpose 
of  committing  the  fraud  which  is  one  crime  while  the  results  of 
that  act  may  develop  into  a  different  and  more  serious  crime 
•of  grand  larceny. 

Methods  of  Perpetrating  Frauds 

Persons  misrepresenting  themselves  as  agents  of  known 
•charitable  organizations  dress  as  clergymen  or  sisters  of  charity 
and  by  such  false  pretences  beg  from  door  to  door,  or  enter 
offices  where  they  say  nothing,  but  rely  upon  their  garb  to  carry 
them  through.  Since  that  is  a  felony  the  policeman  can  make  an 
arrest  whether  he  saw  any  misrepresentation  made  or  not.  The 
imposters  are  generally  ex-convicts  or  other  persons  whose  de- 
tection is  not  difficult  once  suspicion  is  aroused. 

Sisters  of  Charity  wear  broad-toed  shoes  without  toe  cap, 
low  heels  and  carry  a  rosary  and  cross  on  the  left  side  sus- 
pended from  the  waist.  They  either  walk  in  pairs  or  are  ac- 
companied by  another  woman  or  little  girl.  They  do  not  enter 
saloons  or  resorts. 

How  Police  Should  Act 

When  a  policeman  notices  a  person  dressed  in  a  sister's  garb 
whom  he  suspects,  he  should  look  for  these  signs  and  if  one  or 
more  'of  them  is  absent  follow  the  woman  up,  hear  her  solicit 
alms,  question  her  and  if  her  answers  are  not  satisfactory,  arrest 
her,  after  communicating  with  the  order  she  claims  to  represent 
if  that  be  possible. 

There  are  Protestant  sisters  of  charity  whose  detection  is  not 
so  easy  o\vi::g  to  a  non-staiv'ard  garb  and  a  non-fixed  method  of 


144  PRACTICAL  POLICE  WORK 

procedure.  They  can,  however,  be  detected  by  close  question- 
ing and  an  investigation  of  the  order  to  which  they  allege  to  be- 
long by  calling  up  the  place  on  the  telephone  while  they  are  made 
to  wait  the  result. 

When  persons  dressed  as  clergymen  tell  a  plausible  story  or 
begin  to  bluster  the  policeman  should  be  the  more  suspicious  and 
follow  up  his  investigations.  Genuine  clergymen  are  only  too 
willing  as  a  rule  to  submit  their  story  and  themselves  to  any 
reasonable  test.  A  fraud  can  be  arrested  on  the  felony  charge. 

Fake  Charity  Organizations 

The  persons  who  organize  fake  charitable  organizations,  solicit 
subscriptions  on  commission,  appropriate  most  of  the  proceeds 
to  cover  expenses  and  turn  in  a  small  residue  are  usually  too 
clever  in  their  mode  of  operations  to  justify  a  policeman  in  taking 
summary  action.  In  such  cases  the  proper  procedure  is  to  learn 
all  that  it  is  possible  to  learn  of  what  they  are  doing  and  make  a 
full  report  in  order  that  it  may  be  sent  to  the  District  Attorney  for 
his  action. 

The  fake  ball  tickets  for  pretended  charity  is  an  old  and 
cheap  swindle  practiced  by  played-out  confidence  men  and  petty 
grafters.  All  that  is  needed  is  a  few  dollars  to  have  tickets 
printed,  a  small  hall  rented,  a  committee  to  work  the  gullible 
a  "sick  brother"  and  a  sob  story.  Their  success  depends  upon 
how  well  they  work  this  combination.  Sometimes  they  keep 
within  the  law  but  inasmuch  as  they  are  always  ready  to  overstep 
it  if  the  necessity  occurs,  the  policeman  who  learns  of  such 
operations  should  investigate  and  if  there  be  any  violations  of  the 
law  not  hesitate  to  make  arrest.  If  the  organization  they  as- 
sume to  represent  has  no  existence,  or  if  there  be  an  organiza- 
tion which  has  not  given  them  authority  and  there  be  no  sick 
brother  the  offence  is  a  misdemeanor. 

Mock  Auctions 

Mock  auctions  mean  the  presence  of  bidders  who  are  not  bona 
fide  buyers.  They  rest  upon  the  knowledge  that  many  persons 
do  as  they  see  others  do,  that  men  are  stimulated  by  competition 
and  the  fever  of  bidding  into  giving  more  for  an  article  than 
they  woulcl  otherwise  be  inclined  to.  The  law  prohibiting  such 
auctions  holds  it  to  be  fraudulent  to  stimulate  such  bidding  by 
persons  who  have  no  intention  to  buy.  Hence  the  holding  of  a 


PRACTICAL  POLICE  WORK  145 

mock  auction  is  a  misdemeanor.  The  law  applies  to  the  sale  of 
personal  property  except  ships  but  does  not  apply  to  real  estate 
sales.  It  is  a  felony  for  a  licensed  auctioneer  to  obtain  money 
or  property  from  another,  or  to  obtain  the  signature  of  another, 
the  false  making  of  which  would  be  forgery  through  the  sale 
of  property  by  means  of  a  false  auction.  Other  offenses  are 
misdemeanors. 

Sec.  1991.  Auction  sales  are  to  be  held  during  daytime,  ex- 
cept in  certain  cases. 

All  sales  of  goods  by  public  auction  in  the  City  of  New  York, 
by  an  auctioneer,  are  to  be  made  in  the  daytime,  between  sun- 
rise and  sunset,  excepting  with  the  Mayor's  permit. 

1.  Books  and  prints. 

2.  Goods  sold  in  the  original  package,  as  imported,  accord- 
ing   to    a    printed    catalogue,    of    which    samples    have 
been  opened  and  exposed  to  public  inspection  at  least 
one  day  previous  to  the  sale. 

3.  Horses  and  live  stock. 

4.  Fruit  and  other  farm  products. 

5.  Paintings,  statuary,  bronzes  and  other  works  of  art  and 
specimens  of  natural  history,  which  shall  have  been  on 
public  exhibition  in  the  City  of  New  York  for  at  least 
one  day  immediately  preceding  the  time  of  sale. 

Hotel  Bills 

To  run  up  a  bill  at  a  hotel  and  leave  without  paying  it  was 
an  old  way  of  obtaining-  free  board  and  lodging.  The  person 
who  cheats  a  hotel,  boarding  house  or  lodging  house  in  that  way 
now,  or  who  surreptitiously  removes  his  baggage  without  paying 
his  bill  commits  a  misdemeanor,  and  the  hotel  keeper  who  com- 
plains of  such  conduct  should  be  advised  to  arrest  the  parties  on 
his  own  responsibility. 

False  Messages 

Wall  Street  operators  have  frequently  been  cheated  by  the 
circulation  of  false  messages  from  the  President  which  had  either 
a  buoyant  or  a  depressing  effect  on  stocks.  The  putting  in  cir- 
culation of  such  messages  is  a  felony.  Wall  Street,  however,  has 
often  some  difficulty  in  running  down  such  messages,  so  that  the 
commission  of  the  crime  is  seldom  obvious  enough  for  a  police- 
man to  take  action  of  his  own  initiative. 


146  PRACTICAL  POLICE  WORK 

Other  Methods 

Similar  difficulties  are  associated  with  the  running  down  of 
crimes  involving  pretended  heirs,  and  substitution  of  children. 
The  policeman's  offices  usually  come  into  operation  after  a  war- 
rant has  been  issued. 

The  impersonation  of  police  officers  is  done  usually  for  the 
purpose  of  extortion.  Firemen  and  inspectors  are  impersonated 
for  the  purpose  of  the  more  easily  getting  into  houses  to  commit 
thefts.  Badges  are  used  for  the  same  purposes.  Officers  of 
societies  and  orders  are  impersonated  and  the  societies  are  used 
to  impose  upon  the  fraternal  feelings  of  other  members.  These 
offences  usually  come  to  light  through  complaints  and  seldom 
call  for  original  action  by  the  police. 

Fraud  perpetrated  by  means  of  official  papers,  seals,  etc.,  are 
felonies. 

False  Impersonation 

A  person  who  falsely  impersonates  another,  and,  in  such  as- 
sumed character, 

1.  Marries  or  pretends  to  marry,  or  to  sustain  the  marriage 
relation  towards  another,  with  or  without  the  connivance 
of  the  latter;  or, 

2.  Becomes  bail  or  surety  for  a  party  in  an  action  or  special 
proceeding,   civil   or   criminal,   before   a   court   or   officer 
authorized  to  take  bail ;  or, 

3.  Confesses  a  judgment;  or, 

4.  Subscribes,  verifies,  publishes,  acknowledges,  or  proves  a 
written  instrument,  which  by  law  may  be  recorded,  with 
intent  that  it  may  be  delivered  or  used  as  true ;  or, 

5.  Does  any  other  act,  in  the  course  of  any  action  or  pro- 
ceeding whereby   if  it  were  done  by  the  person   falsely 
impersonated,   such   person   might   in   any   event   become 
liable  to  an  action  or  special  proceeding,  civil  or  criminal, 
or  to  pay  a  sum  of  money,  or  to  incur  a  charge,  forfeiture, 
or  penalty,  or  whereby  any  benefit  might  accrue  to  the 
offender,  or  to  another  person. 

Is  punishable  by  imprisonment  in  a  State  prison  for  not  more 
than  ten  years. 

In  order  to  prevent  a  janitor,  superintendent,  or  other  person 
from  monopolizing  the  trade  of  a  tenement  or  apartment  house 


PRACTICAL  POLICE  WORK  147 

through  control  of  the  means  of  entrance  or  the  like  a  law  was 
passed  making  it  a  misdemeanor  for  such  persons  or  the  owner 
to  accept  money  for  giving  another  the  privilege  of  selling  to 
the  tenants,  ice,  coal,  food,  etc.  This  is  another  law  which,  if 
violated  will  come  to  the  attention  of  a  policeman  through  com- 
plaint. 

Opening  Letters 

It  is  a  misdemeanor  to  open  another's  sealed  letter  or  to  open 
or  read  a  telegram  or  private  papers  or  to  publish  the  contents, 
knowing  it  to  have  been  taken  without  authority,  or  to  publish  a 
dead  person's  private  papers  without  authority,  or  to  get  and  pub- 
lish the  contents  of  a  message  by  telephone  or  telegraph  obtained 
through  connivance  with  an  employee  of  the  company. 

Civil  Rights 

To  refuse  to  receive  and  entertain  a  guest  or  to  refuse  to 
carry  a  passenger  is  a  misdemeanor  when  committed  by  an  inn 
keeper  or  a  common  carrier  of  passengers,  or  their  agents  when 
the  refusal  is  without  just  cause  or  excuse. 

Inn  keepers,  theatre  and  amusement  owners  and  teachers  and 
officers  of  common  schools,  public  institutions  of  learning  and 
cemetery  associations  cannot  exclude  a  citizen  on  account  of  race, 
color,  creed  or  previous  condition  of  servitude.  Neither  can  they 
be  excluded  from  public  employment  except  by  comhiitting  a 
misdemeanor. 

It  is  the  same  crime  to  deny,  aid  or  incite  another  to  deny 
another  public  employment  or  the  full  enjoyment  of  any  of  the 
accommodations,  advantages,  facilities  and  privileges  of  any 
hotel,  inn,  tavern,  restaurant,  public  conveyance  on  land  or  water, 
theatre  or  other  place  of  public  resort  or  amusement  because  of 
race,  creed  or  color. 

The  same  offence  is  committed  by  the  owner  or  manager,  etc., 
of  a  building,  park  or  the  like  open  to  the  public  generally  at 
stated  periods  or  otherwise  who  discriminates  against  any  person 
or  class  of  persons  in  the  price  charge  for  admission. 

Persons  wearing  the  uniform  of  the  Army,  Navy,  Marine 
Corps  or  Revenue  Cutter  Service  of  the  United  States  cannot  be 
excluded  from  equal  enjoyment  of  any  accommodations  of  the 
foregoing  kind  on  account  of  the  uniform  they  wear.  To  exclude 
them  is  a  misdemeanor. 


CHAPTER   X 
SOCIAL  CRIMES 

The  social  crimes  where  so-called  morality  in  its  widest  sense 
is  offended  include: 

1.  Sex  offences  of  nearly  all  kinds. 

2.  Gambling. 

3.  Use  of  drugs  and  narcotics. 

4.  Offences  against  the  Sabbath  laws. 

5.  Offences  against  the  regulation  of  the  sale  of  intoxicants. 

Abduction 

The  passion  to  gratify  the  sex  relation  is  the  motive  in  all  sex 
crimes.  It  is  that  which  distinguishes  abduction  from  kidnaping. 
In  abduction  the  passion  is  not  realized ;  it  is  the  motive  which 
prompts  the  act.  When  it  is  realized  a  more  serious  crime  is 
committed. 

The  acts  constituting  abduction  may  be  the  taking,  employ- 
ing, harboring,  using,  procuring,  or  causing  any  of  them  to  be 
done,  inveigling,  enticing  or  detaining. 

The  persons  who  may  be  the  subject  of  abduction  are : 

T.  Women  under  eighteen,  even  for  marriage  without  par- 
ent's or  guardian's  consent. 

2.  Women  over  eighteen  of  previous  chaste  character,  in- 
veigled or  enticed  into  any  place  with  the  assigned  motive. 

3.  Women  over  eighteen  whether  of  previous  chaste  charac- 
ter or  not  when  the  intent  is  to  use  force. 

The  persons  who  may  be  guilty  of  abduction  are  parents, 
husbands  or  other  persons. 

Parents  or  guardians  who  consent  to  the  taking  of  their 
daughter .  under  eighteen  :  husbands  who  marry  intending  to  con- 
summate the  marriage  with  women  under  eighteen  without  the 
parents'  consent,  and  others  who  do  any  -of  the  acts  mentioned 
:rJ)ovc  with  the  sex  intent  are  guilty.  Conviction,  however,  can- 

148 


PRACTICAL  POLICE  WORK  149 

not  be  secured  on  the  uncorroborated  testimony  of  the  woman. 
A  man  living  with  a  woman  as  husband  and  wife  when  she  is 
under  eighteen  is  liable  to  arrest  even  if  he  be  her  husband  when 
the  parents'  consent  was  not  obtained. 

Abduction  really  means  the  carrying  away  by  fraud,  persua- 
sion or  open  violence. 

When  the  sex  relation  is  consummated  the  crime  is  generally 
rape. 

Examples : 

Brown  could  be  charged  with  abduction  under  the  following 
conditions : 

He  is  a  hotel  clerk,  and  let  a  room  to  a  man  accompanied 
by  a  woman  under  eighteen  years  of  age,  not  his  wife,  he 
having  reason  to  know  that  they  were  not  married. 
He  and  a  woman  under  eighteen  to  whom  he  is  not  mar- 
ried, live  in  a  furnished  room  as  man  and  wife. 
He  married  a  woman  under  the  age  of  eighteen  years,  and 
her  parents  want  him  arrested  because  he  did  not  obtain 
their  consent. 

He,  with  evil  intent,  put  an  advertisement  in  the  newspaper 
for  a  stenographer,  locked  the  door  of  his  office  on  a 
young  "Miss"  who  entered  to  seek  the  position,  and 
threatened  to  keep  her  a  prisoner  unless  she  consented  to 
submit  to  him. 

Abortion 

Abortion  is  accomplished  by  medicines  or  instruments.  The 
persons  guilty  are  either  the  person  herself  or  one  who  prescribes, 
supplies,  uses  or  administers.  The  intent  is  to  procure  a  mis- 
carriage. The  crime  is  not  committed  when  the  intent  is  to  save 
the  life  of  the  child  or  woman.  The  crime  is  committed  by  others 
than  the  victims  when  the  acts  are  done  even  though  the  woman 
was  not  pregnant.  It  is  also  committed  when  intent  is  present 
even  though  the  medicine  is  harmless. 

The  attention  of  policemen  is  drawn  to  these  cases,  usually  by 
physicians  called  in  who  believe  that  their  patient  is  the  victim 
of  an  abortion.  In  such  cases  the  policeman  should  not  make 
arrest  except  upon  the  positive  statement  of  the  physician  that 
such  a  crime  had  been  committed. 

When  such  positive  statement  is  made  the  policeman  should 
arrest  every  person  whom  the  woman  incriminates  in  her  state- 
ment as  having  done  anything  to  counsel  or  assist  in  the  opera- 


150  PRACTICAL  POLICE  WORK 

tion  with  guilty  knowledge  of  its  purpose.     It  is  one  of  the  cases 
where  dying  declarations  should  be  taken. 

Adultery 

When  two  persons  cohabit,  either  one  of  whom  is  married  to 
another,  adultery,  a  misdemeanor  is  committed.  The  testimony 
of  either  is  not  enough  to  convict  and  arrests  should  be  made 
only  on  a  warrant. 

Bigamy 

A  person  who  marries  while  the  wife  or  husband  is  living 
is  guilty  of  bigamy,  a  felony. 
This  does  not  apply: 

1.  To  a  person  whose   former  husband  or  wife  has  been 
absent  for  five  years  successively  then  last  past,  without 
being  known  to  him  or  her  within  that  time  to  be  living, 
and  believed  by  him  or  her  to  be  dead;  or, 

2.  To  a  person  whose  former  marriage  has  been  pronounced 
void,   or   annulled,   or   dissolved   by   the   judgment  of  a 
court  of  competent  jurisdiction   for  a  cause  other  than 
his  or  her  adultery ;  or, 

3.  To  a  person  who,  being  divorced  for  his  or  her  adultery, 
has  received  from  the  court  permission  to  marry  again ;  or, 

4.  To  a  person  whose   former  husband  or  wife  has  been 
sentenced  to  imprisonment  for  life. 

A  person  who  knowingly  enters  into  a  bigamous  marriage 
with  another  is  guilty  of  a  felony. 

Mere  absence  for  five  years  when  there  is  knowledge  or  rea- 
son to  believe  the  man  or  woman  is  alive  is  not  reason  enough 
to  justify  a  second  marriage.  Neither  can  a  person  marry  with- 
out committing  bigamy  until  the  final  decree  of  divorce  or  sepa- 
ration is  signed. 

A  marriage  is  incestuous,  void  and  a  felony  when  contracted 
by  persons  of  nearer  relationship  than  first  cousins  whether  le- 
gitimate or  illegitimate.  Uncles  and  nieces  could  be  married 
before  1893. 

A  man  can  marry  his  stepdaughter  after  his  wife's  death. 

Indecency 

Indecency  refers  to  acts  that  excite  lewd,  sensual  or  immoral 


.  PRACTICAL  POLICE  WORK  151 

desires.  It  includes  all  exhibitions  of  the  nude;  paintings  of  the 
tiude;  articles,  prints,  plays.  It  applies  to  the  immediate  actor; 
the  manager  or  person  in  control ;  the  person  in  possession  who 
intends  to  pass  articles  along  to  others,  who  gives  paints  away, 
posts  them  or  puts  them  on  exhibition  in  any  way.  The  crime  is 
a  misdemeanor. 

In  detail  the  law  punishes  the  following: 

A  person  who  in  any  capacity  aids  in  the  production  of  any 
obscene,  indecent,  immoral,  or  impure  drama,  play,  exhibition, 
show,  or  entertainment,  or  who,  having  charge  or  control  of  a 
building  or  enclosure,  knowingly  permits  such  immoral  enter- 
tainment to  be  given  therein,  is  guilty  of  a  misdemeanor. 

Obscene  Prints 

A  person  who  has  in  his  possession,  with  intent  to  sell,  lend, 
give  away  or  show,  or  who  sells,  or  offers  for  sale,  lends,  gives 
away,  shows  or  advertises  any  obcene  print  or  article,  or  in  any 
manner  manufactures,  prepares,  publishes,  or  prints  any  such 
obscene  print  or  article,  or  who  advertises,  or  gives  information, 
as  to  where  or  how  obscene  prints  or  articles  can  be  obtained,  or 
purchased,  or  who  has  in  his  possession  any  slot  machine,  or 
mechanical  contrivance,  with  intent  to  show,  or  does  show,  any 
impure  pictures  of  a  nude  female,  or  any  other  obscene,  indecent, 
or  immoral  picture  of  any  kind,  is  guilty  of  a  misdemeanor. 

A  person  who  prints,  utters,  publishes,  sells,  lends,  gives  or 
shows,  or  has  in  his  possession,  with  intent  to  sell,  lend,  give 
away,  or  show,  or  otherwise  offers  for  sale,  loan,  gift,  or  distri- 
bution, any  printed  paper  devoted  to  the  publication  and  prin- 
cipally made  up  of  criminal  news,  police  reports,  or  accounts  of 
criminal  deeds,  or  pictures  or  stories  of  deeds  of  bloodshed,  lust 
or  crime,  is  guilty  of  a  misdemeanor. 

Indecent  Prints,  Pictures  and  Articles 

A  person  who  pastes,  posts,  paints  or  exhibits  or  causes  or 
permits  to  be  pasted,  posted,  painted  or  exhibited,  any  obscene 
or  immodest  picture  upon  any  billboard,  wall,  or  fence,  or  in  or 
upon  any  public  place,  is  guilty  of  a  misdemeanor. 

A  person  who  sells,  or  offers  to  sell,  lends  or  gives  away,  or 
•exhibits,  or  has  in  his  possession  with  intent  to  sell,  lend,  give 
away  or  exhibit,  any  instrument,  article  or  receipt,  drug  or 
medicine  for  the  prevention  of  conception,  or  for  causing  tin- 


152  PRACTICAL  POLICE  WORK 

lawful  abortion,  or  represents  that  any  such  instrument,  article, 
receipt,  drug  or  medicine  can  be  so  used,  or  applied,  or  who 
manufactures  such  an  article,  is  guilty  of  a  misdemeanor. 

A  person  who  deposits  or  causes  to  be  deposited  in  any  post- 
office  within  the  State,  or  places  in  charge  of  a  common  carrier 
for  transportation,  any  obscene  print  or  article,  'is  guilty  of  a 
misdemeanor. 

The  question  of  indecency  is  affected  by  conditions  of  time, 
place  and  authorship.  The  works  of  Fielding  and  Rabalais,  if 
published  in  this  age  would  be  suppressed  as  indecent,  so  would 
many  others,  which  depict  real  conditions  in  their  times. 

The  paintings  of  great  masters,  if  imitated,  in  many  cases, 
would  be  considered  indecent.  Art  is  not  indecent  when  merely 
considered  as  art.  Nude  figures  are  indecent  when  only  the 
nudity  is  considered.  Again  figures  perfectly  proper  in  an  art 
museum,  where  persons  go  to  consider  art  might  be  indecent  when 
exhibited  in  a  saloon. 

Books  perfectly  proper  in  a  medical  college,  might  be  highly 
immoral  in  a  girl's  academy.  To  be  more  pointed,  some  of  the 
expressions  necessarily  used  in  this  book  would  be  perfectly 
shocking  in  a  novel  printed  for  the  use  of  young  ladies. 

Police  have,  therefore,  to  be  careful  before  arresting  in  many 
cases  for  indecency,  as  they  are  not  judges  of  art  or  literature. 
When  either  is  concerned,  the  case  should  be  left  to  the  society 
and  to  a  magistrate. 

Unlawfully  Marrying 

A  minister  or  magistrate  is  guilty  of  a  misdemeanor  who 
solemnizes  a  marriage  when  either  of  the  parties  is  known  to  him 
to  be  under  the  age  of  legal  consent,  an  idiot  or  insane,  or  where 
a  legal  impediment  exists ;  a  person  not  authorized  by  law  to 
perform  marriage  ceremonies  who  does  so  with  intent  to  de- 
ceive the  parties  is  guilty  of  a  misdemeanor.  A  person  who  as- 
sumes without  authority  to  grant  a  divorce,  in  writing,  purport- 
ing to  divorce  husband  and  wife  and  permitting  them  or  either 
of  *thern  to  lawfully  marry  again,  is  guilty  of  a  misdemeanor. 

Marriage  by  Force 

A  person  who  by  force,  menace  or  duress,  compels  a  woman 
against  her  will  to  marry  him,  or  to  marry  any  other  person,  or 
to  be  defiled,  is  punishable  by  imprisonment  for  a  term  not  ex- 


PRACTICAL  POLICE  WORK  153 

ceeding  ten  years,  or  by  a  fine  of  not  more  than  one  thousand 
dollars,  or  by  both. 

Impersonation 

A  person  who  falsely  impersonates  another,  and,  in  such  as- 
sumed character: 

i.  Marries  or  pretends  to  marry,  or  to  sustain  the  marriage 
relation  towards  another,  with  or  without  the  conniv- 
ance of  the  latter 

Is  punishable  by  imprisonment  in  a  State  prison  for  not  more 
than  ten  years. 

A- woman  who  lives  with  a  married  man  and  falsely  holds 
herself  out  as  his  wife  does  not  come  within  the  provisions  of 
this  section. 

RAPE 

Rape  is  a  felony.  It  is  committed  on  a  woman  not  one's 
wife  against  her  will  or  consent;  when  she  is  physically  or  men- 
tally unable  to  resist ;  when  her  resistance  is  overcome  by  force  or 
fear  of  injury;  when  her  resistance  is  overcome  by  stupor  or 
weakness  of  mind ;  when  she  does  not  know  the  nature  of  the 
act  and  he  knows  she  does  not  know ;  when  she  is  in  the  custody 
•of  the  law ;  when  she  is  under  eighteen  even  consenting. 
Examples : 

Brown  had  sexual  relations  with  a  female  not  his  wife : 

Who,  at  the  time  was  a  prisoner. 

Who  was  reluctant,  but  unable  to  resist,  because  she  at  the 

time  was  in  a  stupor  from  alcohol. 
With  her  consent,  she  at  the  time  being  a  prostitute,  but 

under  eighteen  years  of  age. 

With  her  consent,  but  against  her  desire,  she  consenting 
only  because  he  threatened  to  throw  her  out  of  a  rapidly 
moving  automobile. 

Who  resisted  to  the  extent  of  her  ability  and  had  the  ut- 
most reluctance  to  the  act. 

It  is  seldom  that  the  crime  is  laid  to  force.  In  some  eighty 
per  cent,  of  the  cases  where  this  crime  is  charged  the  female  is 
under  eighteen ;  parents  have  discovered  the  girl's  misconduct 
or  she  has  got  into  trouble  or  has  become  jealous.  The  arrest 
may  be  made  upon  her  complaint  but  other  circumstances  must 
be  adduced  in  order  to  bring  about  a  conviction.  A  variety  of 


154  PRACTICAL  POLICE  WORK 

circumstances,  however,  may  suffice  such  as  their  having  lived 
together,  occupied  the  same  room,  or  admissions  made  by  the 
man.  The  age  of  the  girl  must  be  proved  by  official  records  if 
they  are  obtainable ;  otherwise  by  the  best  evidence  to  be  had. 

Methods  of  Assaulting  Women 

Cases  have  come  up  where  women  have  complained  of  being 
invited  upon  joy  rides  and  while  in  lonely  sections  assaulted  either 
through  force  or  by  being  threatened  with  bodily  harm  and  then 
abandoned. 

If  a  complaint  of  this  kind  is  made  and  the  offender  is  un- 
known, the  policeman  investigating  it  should  make  inquiry  as 
to  the  type  of  automobile  and  any  distinguishing  marks  noticed 
on  it.  He  should  obtain  as  distinctive  a  description  of  the  perpe- 
trator as  possible,  being  particular  to  question  the  complainant  as 
to  whether  she  tore  his  clothing  or  scratched  him  during  the 
struggle.  He  should  note  any  bruises,  or  scratches  that  show 
on  the  complainant's  face,  or  hands  as  well  as  all  marks  of  the 
struggle  that  appear  on  her  clothing  and  the  clothing  held  as 
evidence.  He  should  request  her  to  submit  to  a  medical  ex- 
amination, and  make  note  of  any  evidence  found  by  the  physi- 
cian. He  should  visit  the  scene  with  the  complainant  and  make 
a  thorough  search  there  for  evidence  and  witnesses  who  may 
have  seen  the  accused.  If  the  complainant  met  the  accused  at  a 
cabaret,  etc.,  he  should  accompany  her  to  such  place  in  search  of 
him  and  make  discreet  inquiry  of  waiters  or  others  as  to  his 
identity. 

If  the  perpetrator  be  arrested,  his  body  and  clothing  should  be 
subjected  to  a  minute  scrutiny,  for  any  evidence  of  the  crime, 
particularly  hairs  from  the  victim's  body  adhering  to  his  clothing. 
His  home  should  be  searched  for  discarded  clothing,  or  other 
evidence. 

All  clothing  to  be  used  as  evidence  should  be  taken  from  the 
perpetrator  and  safeguarded. 

Assaults  Upon  Little  Girls 

Assaults  upon  little  girls  are  sometimes  made  with  acquies- 
cence, sometimes  through  the  use  of  force.  When  the  child  ac- 
quiesces she  has  usually  been  influenced  by  presents,  candy,  or 
treats  into  believing  the  man  is  friendly.  Frequently  the  crime 
goes  undetected  for  a  long  time. 


PRACTICAL  POLICE  WORK  155 

When  force  is  used  the  child  has  first  been  taken  into  a  cellar, 
dark  hall  or  out-of-the-way  place  and  there  assaulted.  It  is  in 
these  cases  that  murder  is  committed  from  the  fear  that  trie 
child  will  inform. 

The  persons  who  commit  this  sort  of  crime  are  generally  ig- 
norant libertine  foreigners,  mental  defectives  or  boys  of  the 
neighborhood.  The  Children's  Society  should  at  once  be  called 
into  such  cases.  Various  kinds  of  evidence  should  be  looked  .for 
by  the  police;  corroboration  of  the  child's  statements  in  any 
particular;  appearance  of  clothes,  evidence  of  the  presence  of  the 
perpetrator  and  the  child  in  the  place  specified,  finger-prints, 
stains,  marks  and  anything  which  had  any  bearing  upon  the 
subject  should  be  collected. 

Seduction 

There  are  two  kinds  of  representations  that  a  man  can  make  to 
a  woman  which  if  followed  by  her  acquiescence  makes  the  crime 
seduction  and  a  felony.  They  are 

Promise  of  marriage. 

Fraudulent  representation  that  they  are  already  married.  The 
woman  must  be  unmarried  and  of  previous  chaste  character,  and 
the  promise  must  be  absolute,  not  conditional  such  as  a  promise 
to  marry  if  the  woman  got  in  trouble  as  a  result  of  the  relationship. 

A  woman  can  be  seduced  but  once.  Subsequent  marriage  be- 
fore judgment  of  conviction  or  the  lapse  of  two  years  is  a  bar 
to  indictment.  Corroborative  testimony  is  necessary  to  convic- 
tion. It  may  be  circumstantial. 

The  master  of  an  American  vessel  who,  during  the  voyage 
seduces  a  woman,  is  guilty  under  the  Federal  statutes.  The 
methods  used  may  have  been  promise  of  marriage,  threats,  author- 
ity, solicitation  or  gifts. 

Vagrants 

Prostitution  is  the  giving  of  her  body  by  a  woman  for  hire. 

Soliciting  by  man  or  woman  for  the  purposes  of  prostitution 
is  vagrancy. 

Vagrants  are  liable  to  conviction  for  disorderly  conduct. 

The  following  are  vagrants,  under  section  887,  Code  of  Crim- 
inal Procedure: 

A  person 

i.     Who  offers  to  commit  prostitution,  or, 


156  PRACTICAL  POLICE  WORK 

2.  Who  offers  to  secure  a  female  for  the  purpose  of  prosti- 
tution or  for  any  other  lewd  or  indecent  act ;  or, 

3.  Who  loiters  in,  or  near,  any  thoroughfare  or  public,  or 
private  place,   for  the  purpose  of  inducing,  enticing,  or 
procuring   another   to   commit   lewdness,    fornication,   or 
any  other  indecent  act,  or, 

4.  Who  in  any  manner  induces,  entices  or  procures  a  person 
who  is  in  any  thoroughfare,  or  public,  or  private  place,  to 
commit  any  such  acts;  or, 

5.  Who  is  a  common  prostitute  who  has  no  lawful  employ- 
ment whereby  to  maintain  herself. 

Under  the  Tenement  House  Law,  a  person  is  guilty  of 
Vagrancy  who: 

1.  Solicits   another  to  enter   a  house   of   prostitution   or  a 
room  in  a  tenement  house  or  any  part  thereof  for  the 
purpose  of  prostitution;  or, 

2.  Indecently  exposes  the  person   for  the  purpose  of  pros- 
titution or  other  indecency;  or, 

3.  Commits  prostitution   in   a   tenement  house  or  any  part 
thereof;  or, 

4.  Knowingly  resides  in  a  place  of  prostitution,  assignation 
or  ill-fame  of  any  description  in  a  tenement  house ;  or, 

5.  Keeps  or  maintains  a  house  of  prostitution,  assignation  or 
ill-fame   of   any    description    in   a   tenement   house,    and 
upon  conviction  is  liable  to  be  committed  to  the  county 
jail  for  a  term  not  exceeding  six  months.     The  procedure 
in  such   case   is  the  same  as   that  provided   by   law    for 
other  cases  of  vagrancy. 

A  tenement  house  is  deemed  to  have  been  used  for  the  pur- 
pose specified  in  the  last  two  sections  with  the  permission  of  the 
owner,  agent  and  lessee  thereof  in  the  following  cases : 

1.  If  the  summary  proceedings  for  the  removal  of  the  ten- 
ants of  the  tenement  house,  or  of  so  much  thereof  as  is- 
unlawfully  used,  have  not  been   commenced  within  five 
days  after  notice  of  such  unlawful  use,  served  by  the 
department  charged  with  the  enforcement  of  this  chap- 
ter in  the  manner  prescribed  by  law   for  the  service  of 
notices   and   orders   in   relation   to   tenement   houses ;   or 
having  been  commenced,  are  not  in  good  faith  diligently 
prosecuted  to  final  determination. 

2.  If  there  be  two  or  more  convictions  in  the  same  tenement 
house  within  a  period  of  six  months  either  under  section 
one  hundred  and  fifty  of  the  tenement  house  law  or  under 


PRACTICAL  POLICE  WORK  157 

section  eleven  hundred  and   forty-six  of  the  ^>enal  law. 

In  an  action  to  collect  a  penalty  or  for  other  punishment  the 
evil  repute  in  which  a  tenement  was  held  by  neighbors  is  pre- 
sumptive knowledge  that  the  owner  knew  of  it.  Inasmuch, 
however,  as  presumption  may  be  rebutted,  a  policeman  should 
not  rely  upon  reputation,  but  try  to  bring  home  knowledge 
through  direct  information  furnished  him. 

The  keeping  of  a  disorderly  house  even  though  not  a  tene- 
ment is  a  misdemeanor.  A  conviction  breaks  the  lease  of  the 
person  convicted,  and  the  owner  who  does  not  break  such  lease 
and  enter  upon  the  premises  is  guilty  of  a  misdemeanor  if  the 
condition  continue.  To  rent  or  lease  a  building  for  that  purpose 
or  having  reason  to  believe  it  will  be  so  used  is  a  misdemeanor. 
The  keeping  of  such  a  house  is  also  a  public  nuisance,  but  in  order 
to  establish  a  public  nuisance  at  least  three  persons  must  join 
in  the  complaint  about  its  being  disorderly. 

It  is  a  violation  of  the  Hotel  Law  to: 

(a)  Let  rooms  to  prostitutes  or  for  the  purpose  of  prostitu- 
tion; 

(b)  Let  the  same  room  to  more  than  one  party  of  one  or 
more  persons  between  9  p.  m.  and  6  a.  m. ; 

(c)  Let  rooms  to  persons  unless  they  sign  the  register  in  the 
public  office; 

(d)  Rent  rooms  to  persons  who  do  not  sign  their  names  in 
the  presence  of  the  manager  or  clerk : 

(e)  Knowingly    rent   rooms    to   persons    who    sign    fictitious 
names. 

Persons  in  charge  of  hotels  licensed  to  sell  liquor  must  permit 
them  to  be  inspected  between  9  a.  m.  and  6  p.  m.,  or  any  other 
time  when  open  for  business  by : 

(a)  Building  Inspectors; 

(b)  Peace  Officers; 

(c)  The  Mayor,  or  any  person  authorized  by  him ; 

(d)  Excise  Inspectors. 

The  evidence  needed  by  a  policeman  to  warrant  him  in  ar- 
resting a  woman  on  the  street  for  soliciting  would  be 

1.  If  he  heard  himself  or  another  solicited  by  her;' 

2.  If  he  knew  her  to  have  been  convicted  before  and  sees  her 
stop  several  men  in  quick  succession  and  apparently  so- 
licit them. 

3.  When  he  suspects  the  woman  to  be  a  prostitute  and  sees 
her  stop  and  apparently  solicit  a  number  of  men  in  quick 
succession. 


158  PRACTICAL  POLICE  WORK 

In  the* last  case  the  woman  should  first  be  driven  away,  the 
men  she  solicited  should  be  questioned;  if  she  continues  she 
should  be  arrested. 

Disorderly  House — Evidence 

Some  art  is  necessary  in  collecting  and  securing  evidence  in 
disorderly  house  cases. 

The  policeman  assigned  tg  such  duty  should  endeavor  to 
learn  the  password,  countersign,  etc.,  used  by  the  patrons  to 
gain  admission  and  use  them  to  obtain  admission.  On  entering, 
he  should  endeavor  to  secure  evidence  against  the  madam,  maid, 
or  other  person  by  asking  for  a  particular  girl,  or  by  bargaining 
with  such  person,  or  in  her  presence,  on  the  price  to  be  paid  to 
the  girl  selected.  The  policeman  should  not  solicit  the  girl  he 
selects,  or  commit  a  wrongful  act. 

When  it  is  not  practicable  for  more  than  one  policeman  to 
enter  at  the  one  time,  the  necessary  corroborative  evidence  may 
be  secured  by  one  policeman  remaining  on  the  outside  when  the 
other  enters,  the  policeman  on  the  outside  noting  the  time  that 
the  other  policeman  entered  and  the  time  he  came  out. 

When  sufficient  evidence  is  obtained,  the  woman  who  ex- 
posed herself  and  the  keeper  of  the  disorderly  house  may  be 
arrested  without  a  warrant,  or  the  evidence  may  be  presented 
to  a  magistrate  and  a  warrant  requested. 

If  the  magistrate  issue  a  warrant  the  premises  should  be 
entered,  the  warrant  executed  and  women  for  whom  the  warrant 
had  been  issued  arrested. 

Tenement  House  Prostitution 

To  get  evidence  against  a  house  of  prostitution,  entrance  may 
be  obtained  and  the  person  in  charge  connected  with  the  viola- 
tion in  the  manner  above  described.  The  female  who  offered  to 
commit  the  act  with  the  policeman,  and  all  persons  residing  in, 
or  having  charge  of  the  apartment  where  the  act  is  to  be  com- 
mitted, or  who  aids  or  abets  should  be  arrested  on  a  charge  of 
vagrancy;  the  owner  proceeded  against  if  the  evidence  be  suffi- 
cient; a  certificate  that  the  building  is  a  tenement  should  be  ob- 
tained from  the  Tenement  House  Department.  Such  cases  are 
reported  weekly  by  the  Police  Department  to  the  Tenement 
House  Department. 


PRACTICAL  POLICE  WORK  159 

Disorderly  Saloons,  Cabarets,  Etc. 

When  a  saloon  is  suspected  a  couple  of  policemen  are  as- 
signed for  the  purpose  of  obtaining  evidence.  If  they  hear  or 
see  persons  therein  using  indecent  or  profane  language,  commit- 
ting obscene  acts,  or  women  solciting  men  and  the  proprietor, 
manager  or  employees  fail  to  take  immediate  action  to  correct 
such  conditions,  they  report  such  facts  to  their  Commanding 
Officer  and  under  his  direction  apply  to  Magistrate  for  a  warrant. 

NOTE :  In  order  to  prove  that  the  disorder  complained  of  is 
continuous,  usually  several  visits  are  made  to  a  suspected  place 
begore  a  warrant  is  applied  for. 

Evidence  against  disorderly  hotels  is  usually  obtained  by  po- 
licemen acting  in  pairs  who  successively  permit  a  woman  to 
solicit  them  and  bring  them  to  the  hotel,"  taking  care  to  let  the 
clerk  in  charge  see  that  the  purpose  in  each  case  is  immoral. 
Another  method  pursued  is  to  keep  the  place  under  observation 
for  a  few  days,  note  any  woman  that  enters  at  different  times 
with  different  men,  enter  her  bedroom,  and  question  her  as  to  her 
relationship  towards  her  companion,  and  if  the  evidence  war- 
rants it,  arrest  her  and  the  hotel  clerk,  or  present  the  case  to  a 
Magistrate  for  a  warrant.  If  there  be  not  enough  evidence  to 
warrant  proceedings  under  the  hotel  law,  efforts  should  be  made 
to  obtain  evidence  of  some  other  violation  of  law  under  which 
the  hotel  man  can  be  prosecuted. 

There  are  houses  where  the  women  do  not  receive  men,  but 
are  called  up,  a  girl  asked  for,  and  in  response  is  sent  to  a  desig- 
nated place.  It  is  hard  to  get  evidence  against  such  places.  By 
listening  on  the  telephone  and  watching  for  the  girl  to  go  to  the 
designated  place,  sometimes  the  evidence  to  convict  is  obtained. 

To  permit  immoral  persons  habitually  to  frequent  a  place 
renders  the  persons  conducting  or  in  charge  of  the  place  liable 
as  a  disorderly  person. 

A  woman  associating  with  thieves  •  or  immoral  persons  or 
vicious  companions,  habitually  drunk  or  diseased  and  suffering 
from  debaucheries  can  be  committed  by  a  magistrate  to  an  in- 
stitution where  she  will  get  medical  aid  to  restore  her  to  health. 

Suspicious  Disorderly  Houses  or  Apartments 

1.  If   an  arrest  has  been  made   for  violation   of  the   laws 
relative  to  prostitution  or  maintenance  of  a  public  nuisance. 

2.  If  the  premises  are  frequented  almost  exclusively  by  men, 


160  PRACTICAL  POLICE  WORK 

and  women  are  observed  therein  having  no  apparent  occupation 
other  than  that  of  prostitution. 

3.  If  inspection  of  the  premises  be  refused,  and  the  reputa- 
tion of  the  premises  be  that  prostitution  is  being  carried  on. 

Disorderly  Hotels  or  Bed  Houses 

1.  If  an  arrest  has  been  made  for  prostitution  or  mainte- 
nance of  a  public  nuisance. 

2.  If  known  street  prostitutes  frequent  the  premises. 

3.  If  a  majority  of  the  couples  entering  the  place  remain 
only  a  short  time  and  do  not  carry  baggage. 

Disorderly  Saloons,  Restaurants,  Etc. 

1.  If  prostitutes  resort  there  apparently  with  the  knowledge 
of  the  licensee  or  an  employee,  solicit  men,  and  take  them  from 
the  premises  apparently  for  the  purpose  of  prostitution. 

2.  If  males  and  females  congregate  and  use  indecent  or  pro- 
fane language,  or  conduct  themselves  in  an  obscene  manner,  ap- 
parently with  the  knowledge  of  the  licensee  or  any  employee,  and 
immediate  action  is  not  taken  by  them  to  correct  the  condition. 

Gambling 

1.  If  an  arrest  has  been  made  for  gambling. 

2.  If  information  be  received  that  gambling  is  being  car- 
ried on,  whether  the  proprietor  or  his  agent  is  directly  operating 
the  game,  or  is  profiting  indirectly  by  sharing  in  the  proceeds,  or 
by  renting  the  room  or  any  of  the  material  used  in  the  operation 
of  the  game. 

3.  If   gambling   paraphernalia   be    found,    such   as   roulette 
wheels,  faro  and  crap  layouts,  telephones,  racing  charts  or  sheets, 
and  the  police  have  information  that  they  are  being  used   for 
gambling  purposes. 

4.  If  inspection  of  the  premises  be  refused,  and  the  reputa- 
tion is  that  gambling  is  conducted  there. 

Service  of  Liability  Notice 

When  it  is  suspected  that  the  law  relating  to  public  morals  is 
violated  in  a  certain  premise,  or  if  an  arrest  has  been  made 
for  such  a  violation,  the  Commanding  Officer  of  the  Precinct, 


PRACTICAL  POLICE  WORK  161 

when  directed  to  do  so  by  the  Inspector  of  the  District,  serves 
or  causes  the  owner  of  such  premises  to  be  served  with  liability 
notice. 

When  a  policeman  is  sent  to  serve  such  notice,  an  entry  of 
the  fact  and  a  brief  synopsis  of  the  violation  for  which  it  is  to  be 
served  should  be  made  in  the  Blotter.  After  service  has  been 
effected,  the  time  of  service  and  the  name  of  the  person  served 
should  be  entered. 

The  policeman  directed  to  serve  a  liability  notice  should 
exercise  great  care  that  he  serve  it  on  the  person  it  is  intended 
for.  Some  owners  evade  the  law  by  having  a  person  receive 
such  notice,  who  falsely  represents  himself  as  the  person  -it  is 
intended  for. 

If  it  be  not  possible  to  locate  the  owner  in  person,  a  registered 
letter  should  be  directed  to  him  and  his  signature  in  receipt 
identified  and  offered  in  court  as  proof  of  service. 

If  the  suspected  disorderly  premises  be  owned  by  a  corpora- 
tion, service  of  liability  notice  should  be  made  on  an  officer  of 
the  corporation. 

The  owner  of  a  suspected  disorderly  house  is  required  to 
eject  the  persons  complained  of  within  five  (5)  days  after  re- 
ceiving a  liability  notice.  Failing  to  do  so,  and  upon  conviction 
of  the  person  complained  of,  the  owner  can  be  prosecuted  for 
abetting  such  violation.  In  case  the  violation  be  of  the  Tenement 
House  Law,  he  may  also  be  sued  civilly  by  the  Tenement  House 
Department  for  a  penalty  of  one  thousand  ($1,000.00)  dollars. 

If  there  be  two  or  more  convictions  in  the  same  tenement 
house,  within  a  period  of  six  (6)  months,  either  under  Section 
150  of  the  Tenement  House  Law,  or  under  Section  1146  of  the 
Penal  Law,  such  fact  is  proof  of  responsibility  of  the  owner, 
agent,  or  lessee,  even  though  no  liability  notice  had  been  served. 

Safeguarding  Raided  Premises 

After  a  premise  is  raided  for  a  violation  of  the  law  relating 
to  public  morals,  the  District  Inspector  may  assign  a  patrolman 
thereto,  for  the  purpose  of  safeguarding  the  evidence  and  pre- 
venting a  continuance  of  the  nuisance. 

Prostitution  (Felony) 

A  person  is  guilty  of  Compulsory  Prostitution,  who 
Imports  a  woman  into  this  State  or  exports  one  from  this 
State  for  immoral  purposes; 


162  PRACTICAL  POLICE  WORK 

Attempts  to  entice  or  procure  a  woman  to  come  into  this 
State  or  go  from  this  State  for  any  other  immoral  purpose ; 

Places  any  female  in  a  house  of  prostitution,  or  attempts  to 
induce  her  to  become  an  inmate  of  such  a  house; 

Compels  or  attempts  to  compel  a  woman  to  lead  an  immoral 
life; 

Receives  money  or  other  valuable  thing  for  placing  a  woman 
in  a  house  of  prostitution  or  elsewhere,  for  the  purpose  of 
causing  her  to  cohabit  with  any  male  person  to  whom  she 
is  not  married; 

Pays-  any  money  or  value  to  procure  a  woman  for  the  purpose 
of  placing  her  for  an  immoral  purpose  anywhere; 

Knowingly  receives  money  or  value  for  procuring  and  placing 
a  female  in  the  custody  of  another  for  immoral  purposes; 

Holds  or  attempt  to  hold  or  detain  a  woman  in  an  immoral 
resort  for  the  purpose  of  compelling  her  by  her  service  or 
labor  to  pay  any  debt,  dues,  or  obligations  incurred  or  said 
to  have  been  incurred  by  her ; 

Knowingly  accepts,  receives,  or  appropriates  any  money  or 
other  valuable  thing,  without  consideration,  from  the  pro- 
ceeds or  earnings  of  a  prostitute; 

By  force  or  fraud,  persuades  his  own  wife;  or  the  wife  of 
another  person  to  lead  a  life  of  immorality. 

A  conviction  for  Compulsory  Prostitution  cannot  be  obtained 
on  the  testimony  of  the  female,  unsupported  by  other  evidence. 

Every  male  person  who  lives  wholly  or  in  part  on  the  earn- 
ings of  prostitution,  or  who  in  any  public  place  solicits  for 
immoral  purposes,  is  guilty  of  a  misdemeanor.  A  male  person 
who  lives  with  or  is  habitually  in  the  company  of. a  prostitute 
and  has  no  visible  means  of  support,  is  presumed  to  be  guilty. 

Alien  Prostitutes  (Federal  Law) 

A  person  is  guilty  of  a  felony  who  imports  any  alien  into 
the  United  States : 

1.  For  the  purpose  of  prostitution. 

2.  For  any  immoral  purpose. 

3.  Holds  an  alien  prostitute  after  her  importation  for  the 
purpose  of  prostitution. 

4.  Maintains,  controls  or  employs  an  alien  prostitute  after 
'  importation,  for  the  purpose  of  prostitution. 

An  alien  may  be  deported: 


PRACTICAL  POLICE  WORK  163 

1.  If  she  or  he  manage  a  house  of  prostitution  in  the  United 
States. 

2.  If  she  reside  in  a  house  of  prostitution  in  the  United 
States. 

3.  If  he  or  she  rent  property  for  the  purpose  of  prostitu- 
tion. 

4.  If  he  or  she  protect,  or  promise  to  protect,  prostitutes 
from  arrest. 

5.  If  he  or  she  receive  or  share  in  the  earnings  of  a  prosti- 
tute. 

6.  If  he  or  she  within  5  years  after  entering  the  United 
States  commit  an  offense  involving  moral  terpitude. 

An  alien  who,  after  being  deported  for  any  of  the  above 
offenses,  again  enters  or  attempts  to  enter  the  United  States,  is 
guilty  of  a  misdemeanor. 

The  following  are  the  provisions  of  the  ordinances  relative 
to  massage  institutes  and  operators : 

MASSAGE  INSTITUTES  AND  OPERATORS 
Definitions;  Character;  Institutes 

A  person  who  applies  manual  or  mechanical  massage  or  simi- 
lar treatment  to  the  human  trunk  or  limbs  is  deemed  to  be 
intended  within  the  terms  of  the  ordinance,  a  massage  operator, 
but  no  person  comprehended  within  the  provisions  of  section 
219  of  the  Sanitary  Code,  entitled  nurses,  or  section  -73  of  the 
Public  Health  Law,  relating  to  osteopathy,  is  deemed  to  be  in- 
tended within  the  provisions  of  this  ordinance. 

Any  place  in  which  two  or  more  massage  operators  give 
treatment  is  deemed  to  be  intended  within  the  terms  of  the 
ordinance  a  massage  establishment  or  institute.  No  establish- 
ment incorporated  as  a  hospital  or 'sanitarium  or  comprehended 
under  section  226  of  the  Sanitary  Code,  entitled  hospitals,  or 
section  340  of  the  Sanitary  Code,  relating  to  bathing  establish- 
ments, is  deemed  to  be  within  the  provisions  of  this  ordinance. 

Massage  places  and  operators  are  licensed  by  the  Commis- 
sioner of  Licenses.  He  has  the  power  to  revoke  the  license  not 
only  for  violations  of  the  law  but  in  case  an  operator  treats  an- 
other of  the  opposite  sex  without  a  physician's  permit  who  is 
limited  to  authorize  not  more  than  ten  treatments.  If,  however, 
such  treatments  are  given  in  the  residence  of  the  patient,  the 


164  PRACTICAL  POLICE  WORK 

office  of  a  physician,  or  in  a  hospital  or  sanitarium  the  number  is 
not  limited  to  ten. 

Gambling 

Gambling  is  one  of  the  social  crimes  which  keeps  the  police 
ever  in  trouble.  Persons  concerned  in  gambling  may  be  felons, 
misdemeanants  or  guilty  of  no  crime  according  to  circumstances. 
The  felons  are  the  common  gamblers,  broadly  speaking,  the  men 
who  run  the  game  or  those  who  directly  manage  it  for  them. 
Misdemeanants  are  sometimes  aiders  and  abetters  who  do  not 
directly  get  Ijhe  profit  but  indirectly  benefit,  such  as  the  owner  of 
a  building  who  lets  it  to  a  man  who  hires  it  out  for  gambling,  touts, 
betters  on  horses  as  a  business,  sellers  of  lottery  tickets  and  of 
slot  machines,  and  keepers  of  places  where  they  are  sold  or  kept. 
Non-criminals  are  the  "suckers"  who  play  against  the  house, 
or  persons  indulging  in  a  friendly  game  where  there  is  no 
"house"  and  all  compete  on  even  terms. 

Against  Brown  and  Jones  playing  a  friendly  game  of  poker 
where  nobody  was  getting  a  rake-off,  a  crime  could  not 
be  charged,  but  if  Brown  was  getting  a  "rake-off"  for 
permitting  the  game  to  be  played  in  his  house,  he  would 
be  a  common  gambler,  but  Jones  would  not. 
A  common  gambler  is  the  owner,  agent  or  superintendent  of 
a  place  who  permits  gambling  to  be  carried  on  there,  or  does 
any  of  the  following: 

Hires  the  place  or  allows  it  to  be  used  for  gambling. 
Controls  a  gaming  table  or  apparatus  and  allows  it  to  be 

used  for  gambling. 

Acts  as  game-keeper,  player  or  dealer  in  any  gambling  game. 
Endorses  a  book  or  document  to  enable  others  to  sell  lot- 
tery policies. 
Keeps  a  place  for  playing  policy  or  aids  or  abets  the  game 

of  policy. 

Sells  or  offers  a  document  evidential  of  a  bet,  wager  or 
insurance  on  the  drawing  of  numbers  of  a  lottery,  public 
or  private. 

When  a  gambling  house  is  raided  and  gambling  paraphernalia 
taken  as  evidence,  the  names  and  addresses  of  persons  present 
should  be  secured,  if  possible  for  the  District  Attorney,  who  can 
summon  them  as  witnesses.  They  cannot,  however,  be  com- 
pelled to  identify  themselves. 


PRACTICAL  POLICE  WORK  165 

POLICY  A  FELONY 

The  game  of  policy  is  a  swindle  where  the  poor  and  ignorant 
are  cheated  out  of  their  pennies.  It  is  played  by  betting  that 
certain  numbers  from  i  to  78  will  come  in  a  drawing  in  an  order 
named. 

A  person  is  a  Common  Gambler  who  conducts  or  knowingly 
keeps  a  place  where  such  a  game  is  conducted ;  or, 

Who  aids  in  conducting  such  a  game.  Possession  of  policy 
slips  is  presumptive  of  unlawful  use. 

To  call  this  a  gambling  game  is  misnomer,  because  the  per- 
sons who  conduct  it  are  "sure  thing  gamblers,"  the  player's  chance 
of  winning  being  non-existent. 

The  game  is  usually  conducted  as  follows : 

The  backer  employs  agents  and  assigns  them  to  tenement 
sections. 

These  agents  advertise  themselves  to  prospective  patrons. 

The  patron  bets  on  certain  numbers,  the  agent  records  the 
numbers  on  manifold  sheets,  forwards  one  of  the  sheets,  or  tele- 
phones the  plays  to  the  backer. 

The  backer  computes  all  the  numbers  played  through  all  his 
agencies  and  gives  out  as  winning  numbers  those  showing  most 
profit  to  himself. 

The  agent,  upon  notification  of  the  winning  numbers,  pays 
those  who  played  them. 

Italian  Policy 

The  drawing  in  this  game  is  supposed  to  take  place  once  a 
week  in  Italy.  The  numbers  run  from  I  to  86. 

The  player  plays  numbers  to  appear  in  a  certain  order  after 
one  or  all  of  the  eight  Italian  States, 'printed  on  the  policy  ticket. 
If  they  win  they  are  paid  after  the  drawing  is  alleged  to  take 
place  in  Italy.  This,  like  American  policy,  is  a  "fake."  The 
backers  of  it  usually  reside  in  some  Italian  section  of  the  city 
where  the  drawing  takes  place,  and  like  the  American  game,  is  a 
"sure  thing"  chance  for  the  gambler. 

Chinese  Policy 

Is  somewhat  similar  to  American  policy  except  that  the  num- 
bers on  tickets  are  in  Chinese  Characters. 

As  all  the  above  forms  of  policy  are  felonies,  every  person 


i66  PRACTICAL  POLICE  WORK 

concerned  should  be  arrested  and  all  things  used  in  carrying  on 
the  game  seized  as  evidence. 

In  making  arrests  for  policy,  it  is  always  well  to  surround 
premises  where  the  game  is  conducted.  A  thorough  search 
should  then  be  made,  especially  of  desks  and  drawers.  Persons 
found  on  the  premises  should  be  frisked,  those  on  whom  policy 
tickets  are  found,  and  those  whom  it  is  reasonable  to  suppose 
were  either  conducting  the  game,  or  aiding  it  arrested.  Some- 
times the  policy  slips  found  are  simply  written  numbers  on  ordi- 
nary paper.  These  are  sufficient  to  warrant  an  arrest.  In  order 
to  secure  a  conviction  some  competent  policeman  should  be  pres- 
ent in  court  to  testify  that  the  slips  were  policy  slips  and  that,  to 
his  knowledge,  persons  had  been  convicted  for  possessing  sim- 
ilar slips. 

The  owner  of  a  building  where  policy  playing  is  conducted 
is  served  with  a  liability  notice  in  the  manner  described  under 
Common  Gambler. 

Any  private  person  who  has  knowledge  that  a  policy  game 
is  carried  on  in  a  certain  premises  can  serve  a  liability  notice  on 
the  owner  the  same  as  if  a  policeman. 

Pool  Selling  and  Bookmaking 

A  person  is  guilty  of  a  misdemeanor  who  takes  bets  as  a 
business 

1.  In  any  contest  of  speed,  skill  or  endurance  of  man  or 
animal. 

2.  On  the  result  of  any  political  nomination  or  election. 

3.  On  any  unknown  or  contingent  event. 

Or  who  keeps  a  place  where  such  bets  are  made. 
To  accept  an  incidental  bet  on  the  races  is  not  gambling.    To 
take  the  bets  of  all  comers,  as  a  practice  or  business  is  gambling, 
even  though  no  record  be  made. 
Examples : 

White,  not  a  professional  gamester,  accepted  a  bet  from 
his  friends,  Jones  and  Smith,  that  High-flyer  would  win  a 
certain  race.  No  crime. 

Black,  a  "known  hand  book  man,"  accepted  bets  from  Jones 
and  Smith,  that  High-flyer  would  win  a  certain  race. 
Gambling. 

Getting  Evidence  Against  Poolrooms 
When  a  complaint  or  information  is  received  that  a  pool- 


,      PRACTICAL  POLICE  WORK  167 

room    is   being   conducted    in    certain    premises,    the    policemen 
handling  the  case  should : 

Keep  the  place  under  observation  for  a  few  days,  noting  the 
number  of  persons  who  entered  or  left,  the  time  they  did 
so,  and  their  names  and  addresses,  if  known; 
Obtain  entrance  in  the  best  way  at  hand,  as  by  forming  ac- 
quaintance with  one  of  the  patrons  and  being  introduced 
by  him  to  the  doorkeeper. 

Upon  entering,  observe  particularly  all  persons  engaged  in  the 
carrying  on  of  the  poolroom,  such  as  telephone  operators, 
sheet  writers,  cashiers,  announcers,  clerks,  etc.,  and  make 
a  secret  memorandum  of  everything  said  and  done  by  them 
of  value  as  evidence ;  note  the  description  of  unknown 
persons. 

Note  the  names  of  the  horses  posted,  the  location  of  the 
tracks,  the  bets  they  made  and  the  bets  they  heard  others 
making. 

At  least  two  policemen  should  corroborate  each  other. 
After  the  necessary  evidence  is  obtained  it  is  either  submitted 
to  a  Magistrate  for  a  warrant  or  an  arrest  made  without  a  war- 
rant. Upon  an  arrest,  all  racing  sheets,  charts,  pay  slips,  or 
other  paraphernalia  that  may  be  used  as  evidence  in  the  case 
should  be  seized.  Telephones  used  in  carrying  on  the  business 
should  be  taken  as  evidence.  Before  removing  telephones,  how- 
ever, the  Wire  Chief  of  the  telephone  company  should  be  notified 
of  the  reaspn  for  the  removal,  and  given  the  telephone  number 
of  such  as  are  removed. 

The  names  and  addresses  of  all  persons  in  the  poolroom  and 
not  arrested  should  be  obtained.  Such  persons  should  be  ques- 
tioned as  to  the  reason  for  their  presence  and  their  answers  noted. 
The  Inspector  of  the  District  should  be  notified  immediately  of 
the  arrest  so  that  he  may  cause  a  policeman  to  be  stationed  in 
the  poolroom  to  prevent  future  violations  of  the  law  there. 

XOTE:  If  it  be  impracticable  to  gain  entrance  to  a  partic- 
ular premise  where  a  poolroom  is  being  maintained,  the  necessary 
evidence  may  sometimes  be  obtained  by  listening  on  a  tele- 
phone, making  note  of  conversations,  but  this  kind  of  evidence  is 
admitted  in  such  cases  only  when  the  speaker  is  identified  by 
his  voice. 

Handbook  Men 

A  policeman  who  suspects  that  a  particular  person  is  making 


168  PRACTICAL  POLICE  WORK    . 

a  handbook,  should  carefully  observe  such  person's  actions.  If 
he  see  the  man  in  conversation  with  one  likely  to  be  a  customer 
he  should  endeavor  to  overhear  the  conversation  and  note  if  any 
money  or  memorandum  be  passed  from  one  to  the  other. 

He  should  try  to  get  evidence  by  placing  a  bet.  The  money 
bet  by  the  policeman  should  first  be  marked. 

If  a  policeman  obtain  the  necessary  evidence  against  a  hand- 
book man,  either  by  placing  a  bet  or  by  overhearing  him  accept  a 
bet  from  another,  he  should  arrest  him,  being  careful  not  to  give 
him  an  opportunity  to  destroy  racing  slips,  or  evidence  that  may 
be  on  his  person.  When  searched  in  the  station  house,  all  racing 
slips,  or  other  such  evidence  found  on  him  must  be  carefully 
safeguarded.  A  handbook  man  found  loitering  on  a  public  street, 
to  the  annoyance  of  passersby,  may  be  summoned  for  a  violation 
of  a  corporation  ordinance. 

Lottery 

Is  the  distribution  of  property  by  chance  among  persons  who 
have  paid,  or  agreed  to  pay,  a  valuable  consideration  for  such 
chance,  whether  the  distribution  be  called  lottery,  prize  drawing 
or  any  other  such  name. 

The  contriver  is  guilty  of  a  felony. 

It  was  once  a  scheme  by  which  kings  raised  money  to  pay 
their  expenses  and  countries  and  States  sanctioned  it  as  a  means 
of  raising  funds  ordinarily  raised  by  taxes. 

Sometimes  no  written  or  printed  tickets  are  used,  the  raffle 
or  lottery  numbers  being  placed  in  a  book  and  the  person  paying 
for  a  chance,  simply  selects  a  number  and  writes  his  name  oppo- 
site it.  A  person  selling  chances  in  this  way  is  just  as  guilty  as 
if  he  sold  the  tickets. 

The  same  rule  would  apply  to  cards  sometimes  hung  up  in 
barber  shops  or  saloons.  A  certain  sum  is  paid  for  a  chance  to 
punch  a  hole  in  a  card.  The  lucky  get  cigars  or  other  kinds  of 
merchandise.  The  person  selling  such  chances  is  guilty  of  selling 
lottery  tickets. 

The  rule  applies  to  such  contrivances  as  wheel  of  fortune  and 
to  wheels  where  they  sell  slats  with  numbers  on  them,  when,  after 
spinning  the  wheel,  the  person  holding  the  slat  with  the  lucky 
numbers  is  entitled  to  a  box  of  candy  or  other  trifle. 

Such  contrivances  as  throwing  rings  over  canes,  over  duck's 
necks,  or  the  like,  are  considered  games  of  skill  rather  than 
games  of  chance,  but  some  such  as  Japanese  pool  tables  found 


PRACTICAL  POLICE  WORK  169 

at  seaside  resorts,  are  on  the  dividing  line.  When  there  is  a  doubt 
as  to  whether  the  game  is  one  of  skill,  or  chance,  a  summary 
arrest  should  not  be  made,  but  the  facts  presented  to  a  Magis- 
trate and  a  warrant  applied  for. 

Where  there  is  no  doubt,  a  summary  arrest  can  be  made  and 
the  evidence  of  the  lottery,  such  as  books,  tickets,  property  raffled 
and  the  like  seized. 

Keeping  a  place  where  lottery  tickets  are  sold  or  selling  tickets 
or  chances  is  a  misdemeanor. 
For  instance: 

"Jones,  a  barber,  has  lottery  cards  in  his  store  and  Brown, 
his  employee,  sells  chances  to  customers."  Jones  is  guilty 
of  keeping  a  place  where  lottery  tickets  are  sold  (misde- 
meanor) and  Brown,  his  employee,  guilty  of  selling  lot- 
tery tickets  (misdemeanor). 

Where  lottery  tickets  are  sold,  the  person  selling  them  is  guilty 
of  crime,  and  the  person  controlling  such  place,  who  knowingly 
permits  their  sale  is  guilty.  This  means  a  place  where  the  sale 
of  tickets  is  carried  on  as  a  business  and  not  as  an  incident. 

A  person  who  advertises  a  lottery,  whether  such  lottery  is 
held  within  or  without  the  State  is  guilty  of  a  misdemeanor. 

Slot  Machines 

Slot  machines  that  violate  the  law  are  mechanical  devices 
equipped  with  contrivances  which  determine  what  chances  one 
has  for  getting  something  in  return  for  the  money  he  inserts. 

In  every  such  machine  there  is  an  element  of  chance  that 
tempts  both  children  and  adults.  As  a  consequence  it  not  only 
forms  the  gambling  habit,  but  enters  into  unfair  competition  with 
the  automatic  vending  machine  which  is  a  public  convenience. 

The  selling,  leasing  or  unlawful  possession  of  a  gambling  slot 
machine  is  a  misdemeanor,  in  addition  it  is  a  violation  of  the. 
liquor  tax  law  to  maintain  it  in  a  saloon. 

Action  by  Policemen  in  Suppressing  Gambling 

When  gambling  is  conducted  in  a  building  it  is  difficult  for 
a  uniformed  policeman  to  obtain  legal  evidence,  consequently 
he  should  report  all  the  facts  in  his  possession  to  his  Commanding 
Officer,  particularly  the  names  and  addresses  of  all  persons  who 
complain  of  such  condition.  He  should  be  observant  while  on 
post  and  report  what  he  sees  to  his  Commanding  Officer. 


170    .  PRACTICAL  POLICE  WORK       . 

Policemen  should  be  suspicious  of  all  houses  where  blinds  are 
constantly  drawn,  front  door  closed,  number  of  men  seen  to 
enter  and  leave  during  the  hours  when  races  are  being  run,  or  late 
at  night,  when  other  forms  of  gambling  are  likely  to  be  in- 
dulged in. 

Policemen  should  make  summary  arrests  for  street  gambling 
such  as  crap  shooting  and  charge  disorderly  conduct. 

Liability  Notice 

If  a  person  be  arrested  for  keeping  and  maintaining  a  gam- 
bling house,  or  poolroom,  in  certain  premises,  or  if  it  be  reason- 
able to  suppose  that  unlawful  gambling  is  being  carried  on  there 
the  Commanding  Officer  of  the  Precinct  where  such  premises  are 
located,  when  ordered  to  do  so  by  the  Commanding  Officer  of 
the  District,  serves  a  liability  notice  on  the  owner,  agent  or  lessee 
and  must  within  five  days  after  the  receipt  of  notice  eject  the 
person  complained  of.  If  he  fails  to  do  so,  and  a  conviction  be 
afterwards  obtained,  such  owner,  etc.,  is  deemed  criminally  liable. 
The  notice  affords  presumptive  evidence  of  knowledge. 

••  Bucket  Shops 

A  person,  firm  or  corporation,  acting  in  his  own  right,  or 
as  agent  of  another,  who  makes  or  offers  to  make  any  contract 
respecting  the  purchase  or  sale  of  any  security  or  commodity 
wherein  both  parties  intend  that  such  contract  shall  be  terminate'! 
when  the  market  quotation  of  prices  for  such  security  or  commod- 
ity reach  a  certain  figure,  without  intending  a  bona  fide  purchase 
or  sale  is  guilty  of  a  felony. 

Written  Statement  to  Be  Furnished;  Presumption 

Brokers  must  furnish,  upon  written  demand  to  a  customer,  or 
principal  for  whom  they  have  executed  orders  for  the  actual 
purchase  or  sale  of  securities  or  commodities,  either  for  imme- 
diate or  future  delivery,  a  written  statement  containing  the  names 
of  the  persons  from  whom  such  property  was  bought,  or  to  whom 
it  has  been  sold,  the  time  when,  place  where,  the  amount  of,  and 
the  price  at  which  the  same  was  either  bought  or  sold.  If  such 
brokers  refuse  or  neglect  to  furnish  such  statement  within  forty- 
eight  hours  after  demand,  refusal  shall  be  prima  facie  evidence 
that  purchase  or  sale  was  made  in  violation  of  this  article. 


CHAPTER  XI 

MISCELLANEOUS  OFFENCES 
Narcotics 

The  manufacture,  keeping,  sale,  distribution  and  use  of  nar- 
cotics and  habit- forming  drugs  are  regulated  by  the  Federal, 
State  and  local  laws.  The  Federal  law  is  known  as  the  Harrison 
law  and  the  local  law  as  section  126  of  the  Sanitary  Code. 

The  State  law  has  been  amended  from  time  to  time,  but  the 
laws  of  1918  creating  a  department  of  drug  control  supercedes 
all  previous  laws  that  contain  any  provisions  in.  conflict  with  it. 

The  Hawison  law  is  designed  to  prevent  iriter-state  traffic  in 
the  drug.  Its  provisions  are  enforced  by  the  Federal  officials, 
and  the  only  duties  the  police  have  in  connection  with  its  viola- 
tion, is  to  report  to  the  Federal  officials  such  conditions  as  they 
may  find  which  transgressed  such  law. 

The  general  intent  of  all  three  enactments  are  similar.  Since 
the  State  law  is  thorough  enough  to  cover  all  but  a  few  of  the 
conditions  that  can  arise  and  since  the  Sanitary  Code  cannot  con- 
flict with  it,  while  the  Federal  law  will  reach  only  such  outsiders 
as  the  State  law  cannot  touch,  it  follows  that  the  police  should 
get  thoroughly  acquainted  with  the  State  law  rather  than  with  the 
Federal  law.  Attempts  to  get  acquainted  with  both  enactments 
are  likely  to  produce  confusions  of  thought. 

All  three  laws  have  been  passed  to  combat  the  growing  evil 
of  the  use  of  narcotics,  an  evil  which  was  unknown  in  this  coun- 
try a  generation  ago;  a  habit  to  which  the  Chinese,  the  Spanish 
war,  the  colored  man  migrating  from  the  South  and  the  cure-all 
quacks  of  the  nineties  have  all  contributed. 

The  conditions  enumerated  and  discussed  concern  the  State 
law.  The  department  in  control  is  in  charge  of  a  Commissioner, 
called  the  Commissioner  of  Narcotic  Drug  Control  who  can 
make  rules  and  regulations  that  have  the  force  and  effect  of  law. 


172  PRACTICAL  POLICE  WORK 

No  manufacturer,  wholesaler,  apothecary,  physician,  dentist, 
veterinarian  or  private  hospital,  sanitarium,  or  institution  main- 
tained, however  conducted,  can  purchase,  receive,  sell,  distribute, 
prescribe,  administer,  or  dispense  coacine,  or  opium  or  its  deriva- 
tives, unless  prior  thereto  registered  with  the  department  and 
possessing  a  certificate  authorizing  him  to  carry  on  such  business. 

A  Manufacturer  to  Sell  or  Distribute  Cocaine  and  Opium,  or 
Its  Derivatives  Within  This  State 

F 

Must  register  with  ihe  department  and  get  a  certificate  of 
authority;  keep  a  record  of  all  drugs  manufactured,  sold  or  dis- 
tributed within  the  State,  containing  the  date  of  each  sale,  or 
distribution,  the  name  and  amount  of  the  drug  sold  or  distributed, 
the  name  and  address  of  each  person  to  whom  sold  or  distributed, 
and  report  as  often  as  required,  to  the  department. 

A  Wholesaler  of  Such  Drugs 

Must  be  registered  with  the  department  and  have  a  certificate 
of  authority. 

Keep  a  record  of  all  drugs  purchased  or  received  within  the 
State  containing  the  date  of  each  purchase  or  receipt,  the 
name  and  address  of  the  person  from  whom,  and  the  name 
and  quantity  of  the  drug  purchased  or  received. 

Keep  a  like  record  of  all  drugs  sold  for  use  or  distribution 
within  the  State,  the  date,  name,  amount  and  form  of  each 
such  drug  sold  or  distributed,  and  the  name  and  address  of  each 
person  to  whom  sold  or  distributed. 

Make  report  to  the  department  as  often  as  required. 

An  Apothecary 

Must : 

Keep  a  record  of  all  cocaine,  opium,  or  its  derivatives,  pur- 
chased or  received  by  him  containing  the  date  of  each  pur- 
chase or  receipt,  name  and  address  of  -each  person  from 
whom  and  the  name  and  quantity  of  each  such  drug  pur- 
chased or  received. 
A  record  of  the  amount  sold  at  wholesale,  or  dispose:!  of  on 


PRACTICAL  POLICE  WORK  173 

official  order  blanks,  the  amount  used  in  the  preparation 
of  remedies  and  how  disposed  of,  the  gross  amount  dis- 
pensed upon  prescriptions. 

Report  as  often  as  required  to  the  department  the  informa- 
tion contained  in  such  records,  with  the  amount  of  each 
drug  on  hand. 

Dispense  upon  an  unofficial  prescription  blank,  signed  by  a 
physician  with  the  name,  age  and  address  of  the  physi- 
cian, the  person  for  whom  and  the  date  when  issued,  pro- 
vided such  prescription  does  not  contain  more  than  five 
grains  of  cocaine,  thirty  grains  of  opium,  six  grains  of 
codeine,  four  grains  of  morphine  or  two  grains  of  heroin; 
upon  a  like  prescription  drugs  in  excess  of  such  respective 
quantities  if  it  be  stated  upon  the  prescription  that  it  is 
to  be  used  in  the  treatment  of  a  surgical  case,  or  a  disease, 
other  than  drug  addiction.  Each  such  original  prescription 
must  be  kept  in  a  separate  file  for  two  years  and  not  re- 
filled, provided  that  a  prescription  which  does  not  contain 
more  than  the  lawful  quantity  need  not  be  separately  filed. 
If  such  prescription  call  for  an  exempt  preparation  or 
remedy  prepared  in  accordance  with  the  "U.  S.  P.,"  "N.  F.," 
or  other  recognized  or  established  formula,  usually  car- 
ried in  stock  by  a  dealer  and  sold  without  a  prescription,  it 
need  not  be  separately  filed  and  may,  upon  request,  be 
refilled. 

Dispense  upon  prescription  in  writing  by  a  physician  contain- 
ing his  office  address  and  the  name,  age  and  address  of 
the  person  for  whom  and  the  date  when  issued,  within  four 
days  from  such  date,  within  or  in  excess  of  the  quantities 
hereinbefore  mentioned,  if  such  prescription  be  written  upon 
a  serially  numbered  official  prescription  blank  delivered  to 
him  in  duplicate,  provided  he  keep  one  of  said  duplicates  in 
a  separate  file  for  a  period  of  two  years  and  within  twenty- 
four  hours,  mail  the  other  ito  the  department ;  such  pre- 
scription must  not  be  refilled. 

Dispense  such  drugs  upon  the  prescription  of  a  veterinarian 

containing  his  office  address  and  the  name  and  address  of 

.the  owner  of  the  animal  for  which  the  drug  is  prescribed, 

provided  he  keep  the  prescription  on  file  for  two  years  an  1 

not  refill  it. 

Whenever  an  apothecary  pursuant  to  the  prescription  written 
upon  an  official  prescription  blank  dispenses  such  drug  he 
shall  affix  to  the  container  a  label  stating,  in  English,  the 


174  PRACTICAL  POLICE  WORK 

name  and,  address  of  the  physician  prescribing,  his  own 
name  and  address,  and  the  date  when,  and  the  name  and 
address  of  the  person  for  whom  and  the  name  and  quantity 
of  such  drug  dispensed  and  contained  in  the  container. 

A  Physician 

A  physician  in  the  lawful  practice  of  his  profession  may  in 
good  faith  prescribe: 

Upon  an  unofficial  prescription  blank  not  more  than  five 
grains  of  cocaine,  thirty  grains  of  opium,  six  grains- 
of  codeine,  four  grains  of  morphine,  or  two  grains  of  heroin. 

Issue  a  prescription  upon  an  unofficial  prescription  blank  for 
drugs  in  excess  of  such  quantities,  as  may  reasonably  be 
required  in  the  treatment  of  a  surgical  case,  or  a  disease 
other  than  drug  addiction,  if  such  fact  be  stated  upon  the 
prescription.  Every  other  prescription  for  any  of  such 
drugs  must  be  written  upon  an  official  prescription  blank  in 
triplicate,  signed  by  him,  and  containing  in  legible  English 
or  Latin,  the  name  and  amount  of  the  drug  prescribed,  the 
name,  age  and  address  of  the  person  for  whom  and  the  date 
when  the  prescription  is  issued. 

Deliver  the  original  and  one  other  of  such  triplicate  prescrip- 
tions to  an  apothecaary  and  retain  the  other  copy  on  file  for 
a  period  of  two  years. 

Administer  or  dispense  to  a  patient  whom  he  is  treating,  not 
to  exceed  two  grains  of  cocaine,  fifteen  grains  of  opium, 
three  grains  of  codeine,  two  grains  of  morphine,  one-fourth 
grain  of  heroin. 

Dispense  while  absent  from  his  office  in  personal  attendance 
upon  a  patient  whom  he  is  treating,  to  be  taken  in  his  ab- 
sence, not  to  exceed  fifteen  grains  of  opium,  three  grains 
of  codeine,  two  grains  of  morphine,  or  one-fourth  grain  of 
heroin. 

If  he  otherwise  administer  or  dispense  any  of  such  drugs,  he 
must  fill  out  official  physician's  dispensing  blank  in  dupli- 
cate, keep  the  original  for  at  least  two  years  and  mail  the- 
copy  to  the  department  within  twenty- four  hours. 

On  dispensing  any  such  drug  on  an  official  prescription-  blank, 
he  must  label  the  container  in  the  manner  described  under 
Apothecary,  keep  a  proper  record  of  all  such  drugs  purr 
chased,  received  or  dispensed  by  him,  and  make  a  report 
to  the  Department  of  Drug  Control  as  often  as  required,, 
setting  forth  the  information  contained  in  such  record. 


PRACTICAL  POLICE  WORK  175 

A  Veterinarian 

Must  register  with  the  Department  and  have  written  author- 
ity to  prescribe  or  administer  such  drugs.  He  may  possess 
such  drugs  in  such  quantities  as  he  requires  in  the  practice 
of  his  profession  and  administer  or  dispense  them  in  the 
course  of  his  professional  practice,  and  prescribe  any  of 
such  drugs  but  not  for  use  by  a  human  being. 

Each  prescription  issued  must  be  signed  by  him  and  contain 
in  legible  English  the  name  and  amount  of  the  drug  pre- 
scribed, the  name  and  address  of  the  owner  of  the  animal 
for  which,  and  the  date  when  the  prescription  is  issued. 

He  must  keep  a  proper  record  of  all  such  drugs  purchased,  re- 
ceived or  dispensed  by  him,  and  report  to  the  department 
as  often  as  required  the  usual  information. 

A  Dentist 

Must  register  with  the  Department  and  be  authorized  to  use 

such  drugs  in  the  practice  of  his  profession. 
Possess  these  drugs  in  such  quantities  as  he  may  require  for 

administering  in  the  course  of  his  professional  practice. 
Administer   to  persons  under  his   immediate   treatment,  but 

only  in  quantities  necessary. 
3Ceep  proper  record  of  all  such  drugs  purchased  or  received 

by  him  and  make  a  report  to  the  department  when  asked. 

Possession  of  Drugs  by  Consumers 

A  person  for  whom  cocaine,  opium  or  its  derivatives  has 
been  dispensed  by  an  apothecary  or  physician,  for  the  dis- 
pensing of  which  no  label  is  required  on  the  container,  and 
the  owner  of  an  animal  for  which  any  of  such  drugs  have 
been  dispensed  by  a  veterinarian  or  an  apothecary  upon  the 
prescription  of  a  veterinarian  may  lawfully  possess  the 
same.  It  may  lawfully  be  possessed  by  a  person  for  whom 
any  of  such  drugs  have  been  dispensed  by  an  apothecary 
or  physician  for  the  dispensing  of  which  a  label  is  required 
to  be  affixed  to  the  container,  in  the  container  delivered  to 
him  by  the  apothecary  or  physician  and  upon  which  the 
label  signed  by  the  apothecary  or  physician  is  affixed.  The 
amount  of  the  drug  not  to  exceed  that  stated  upon  the 
label. 


i;6  PRACTICAL  POLICE  WORK 

Official  Order  Blanks 

A  hospital,  sanitarium  or  other  institution  in  which  persons 
are  treated  for  disability  or  disease,  or  inebriety,  or  drug 
addiction,  or  a  wholesale  apothecary,  physician,  dentist,  or 
veterinarian,  may  possess  cocaine,  or  opium  or  its  deriv- 
atives only  after  he  has  obtained  it  from  the  department 
of  drug  control,  or  upon  a  written  order  upon  an  official 
order  blank  to  one  authorized  to  sell  it  filled  out  in  triplicate. 

The  person  given  the  order  retains  one  copy  for  at  least  two 
years  and  sends  the  other  two  to  the  person  to  whom  the 
order  is  given,  who  retains  one  for  two  years  and  forthwith 
upon  filing  the  order,  mails  the  other  to  the  department. 

Preparations  and  Remedies 

A  person  may  manufacture,  sell,  dispense,  or  possess  prep- 
arations and  remedies  not  otherwise  prohibited  by  law  which 
contain — if  opium  not  more  than  two  grains,  if  codeine  not 
more  than  one  grain,  if  morphine  not  more  than  one-fourth 
of  a  grain,  or  if  heroin  not  more  than  one-eighth  of  a 
grain  in  one  fluid  or  avoirdupois  ounce;  also  liniments, 
ointments  and  other  preparations  suitable  for  external 
use  only,  provided  that  such  remedies  or  preparations  are 
not  sold,  kept  or  manufactured  for  the  purpose  of  evading 
the  provisions  of  this  article. 

v 

Hypodermic  Syringes  Can  Be  Possessed  Only 

By  a  dealer  in  surgical  instruments,  apothecary,  physician,, 
dentist  or  veterinarian  or  nurse  attendant  or  interne  of  a 
hospital,  sanitarium,  or  institution  in  which  persons  are 
treated  for  disability  or  disease,  unless  such  possession  is 
authorized  by  the  certificate  of  a  physician  issued  within 
the  period  of  one  year. 

Exemptions  from  Restrictions 

The  provisions  of  this  article  restricting  the  possession  of 
cocaine  or  opium  or  its  derivatives,  do  not  apply  to  com- 
mon carriers,  warehousemen  or  their  employees  engaged'  ir. 
lawful  transportation  or  storage  of  such  drugs  nor  to  pub- 
lic officers  or  employees  while  engaged  in  the  performance 


PRACTICAL  POLICE  WORK  177 

of  their  official  duties,  nor  to  temporary  incidental  posses- 
sion on  the  part  of  employees  or  agents  of  persons  lawfully 
entitled  to  possession. 

Drug  addicts  are  both  clever  and  cunning.  Such  qualities  are 
also  possessed  by  the  fiends  who  profit  by  tlie  illegal  sale  of  such 
drugs. 

To  cope  with  them  it  is  not  sufficient  for  a  policeman  to  know 
the  drug  law ;  he  should  also  know  how  to  detect  violators. 

Some  of  the  Ways  in  Which  Outlawed  Drugs  Are  Obtained 

Tempted  by  the  big  profit  that  can  be  obtained  through  sell- 
ing these  drugs  to  unscrupulous  dealers,  or  to  unfortunate  habi- 
tues, seafaring  men  and  others  smuggle  them  into  this  country 
by  ship  or  across  the  border  from  Canada,  Mexico  or  nearby 
States,  or  they  are  stolen  by  employees  of  druggists,  manufac- 
turers or  dealers,  or  they  are  received  from  other  States  and 
countries  by  parcel  post,  mail  and  express. 

To  Cover  Up  Illegal  Sales 

Dealers  falsify  their  books  and  records ;  hold  out  drugs  from 
prescriptions  or  orders  lawfully  received;  or 

Act  in  concert  with  unscrupulous  doctors,  dentists  or  veterina- 
rians, who  give  them  prescriptions  for  fictitious  persons. 

How  Illicit  Dealers  and  Habitues  Dispose  of  Drugs 

In  disposing  of  the  drugs,  the  dealer,  his  agents  or  sub-agents, 
often  co-operate  and  assign  to  themselves  special  territories 
throughout  the  city,  sometimes  employing  carriers,  so  that  if 
caught  no  evidence  can  be  found  on  their  persons.  They  often 
find  it  convenient  to  "plant"  a  package  in  some  prearranged  place, 
such  as  in  a  hallway,  under  a  stove,  in  the  roadway  in  an  appar- 
ently discarded  cigarette  box  thrown  in  the  gutter  close  to  the 
curb ;  behind  a  loose  brick  in  a  wall,  or  in  a  furnished  room,  hired 
for  that  purpose. 

How  Such  Drugs  Are  Carried  or  Possessed  by  Habitues 

So  many  ingenious  hiding  places  have  been  discovered  that 
it  is  impracticable  to  enumerate  all  of  them.  Some  of  these 
places  are: 


i;8  PRACTICAL  POLICE  WORK 

(a)  Tied  under  beds  to  the  bed  springs. 

(b)  In  the  sleeves  of  old  coats  hanging  on  the  wall. 

(c)  In   portieres,   water   pipes,   under   carpets,   in   telephone 
boxes,  corners  of  tables,  secret  panels  of  walls,  heels  of 
shoes,  hat  racks,  hanging  out  of  windows  tied  to  clothes 
lines,  in  books  and  magazines,  etc. 

(d)  When  carried  on  the  person  drugs  have  been  found  in  the 
end  of  hat  pins,  in  secret  pockets  in  the  clothing,  in  the 
hat  band,  in  the  watch  case,  match  box,  etc. 

How  the  Habitues  May  Be  Recognized 

There  are  several  methods  used  by  "fiends"  in  taking  drugs, 
principally : 

Sniffing. 

Hypodermic  injections. 

Smoking. 

Taking  through  the  mouth. 

Sniffers 

They  can  usually  be  recognized  by  a  redness  or  swelling  of 
the  partition  of  the  nostril,  or  by  ulcerations  thereon,  or  in  the 
•case  of  long  continued  use,  the  partition  becomes  perforated. 

Hypodermic  Users 

The  arms  and  legs  of  hypodermic  users  are  usually  covered 
with  a  rash  from  the  needle  pricks,  or  abscesses  may  be  found. 

Smokers  and  Eaters 

They  can  usually  be  recognized  by  their  dry,  sallow  skin  and 
a  peculiar  glistening  look  in  their  eyes. 

Symptoms  Presented  by  Drug  Addicts 

Drug  addicts  when  in  need  of  the  drug  may  often  present  the 
following  symptoms : 

(a)  Water  running  from  nose  and  eyes. 

(b)  Yawning  and  sneezing  frequently. 

(c)  Seemingly  itching  all  over  and  constantly  rubbing  arms 
and  legs. 

(d)  Pupils  dilated. 


PRACTICAL  POLICE  WORK  179 

If  a  policeman  sees  a  person  whom  he  believes  to  be  an  addict 
on  the  street,  and  presents  such  symptoms,  he  should  keep 
him  under  observation  and  he  will  usually,  in  a  short  time,  see 
him  go  walking  rapidly  to  the  dealer  who  is  his  source  of  supply. 
Trailing  after  him,  the  policeman  should  put  himself  in  a  posi- 
tion to  see  the  drug  and  money  passed  by  the  addict  and  the 
dealer,  arrest  both  before  they  have  opportunity  to  place 
either  the  money  or  drug  in  their  pockets,  and  hold  both  the 
money  and  drug  as  evidence,  unless  the  sale  be  made  by  a  licensed 
druggist  in  pursuance  of  a  physician's  prescription. 

When  a  detective  has  evidence  that  drugs  have  been  illegally 
disposed  of  in  a  particular  premise  he  should  endeavor  to  find  out 
how  habitues  identify  themselves  to  the  dealer  when  purchasing 
them  and  use  like  methods  to  get  into  the  dealer's  confidence 
and  to  gain  entrance  to  the  premises.  After  getting  the  necessary 
evidence  he  should  arrest  the  dealer,  search  the  premises  for  all 
evidence  of  illegal  sales,  seize  all  drugs  found,  also  any  evidence 
of  illegal  sales,  such  as  sealing  wax,  seals,  deck  papers  and  the 
like,  marking  them  as  evidence.  He  should  by  question,  estab- 
lish the  ownership  of  the  apartment  and  of  drugs  found  therein, 
etc.,  for  the  purpose  of  connecting  him  with  any  evidence  found. 

Drug  addicts  may  be  committed  by  Magistrates  to  institutions 
for  their  cure.  Some  addicts  request  policemen  to  arrest  them  so 
that  they  may  be  committed.  It  is  lawful  for  a  policeman  to 
make  such  an  arrest  and  he  should  charge  the  addict  with 
vagrancy. 

A  drug  addict  may  apply  to  a  local  board  of  health  for  com- 
mitment to  a  hospital  and,  if  the  hospital  consents,  the  addict 
may  be  received  on  a  commitment  by  the  local  board  of  health, 
as  if  the  commitment  were  made  by  a  Magistrate.  A  local  board 
of  health  may  also  prescribe  for  and  furnish  drugs  to  addicts 
pending  treatment. 

Procedure  in  Obtaining  Evidence  Against  Registered  Dealers 

Every  person  licensed  to  deal  in  opium,  cocaine  or  its  deriva- 
tives must  file  with  the  Department  of  Narcotic  Drug  Control  as 
often  as  required  a  detailed  statement  showing  the  amount  of 
drugs  on  hand  on  date  of  such  report.  No  person  may  keep,  sell 
or  dispense  any  such  drugs  unless  licensed  by  such  department. 
All  records  and  reports  or  copies  thereof  required  to  be  kept  by 
any  person  handling  drugs  under  the  provisions  of  this  chapter 
must  be  kept  for  two  years  before  being  destroyed. 


i8o  PRACTICAL  POLICE  WORK 

When  a  doctor,  druggist,  manufacturer,  or  registered  dealer 
is  suspected  of  illegal  sales  of  narcotics,  the  policeman  should 
visit  the  premises,  accompanied,  if  practicable,  by  a  chemist,  and 

(a)  Establish  ownership  of  party  in  charge. 
Registration  required  by  law. 
Whether  licensed  in  the  State. 

(b)  Examine  records  of  purchases. 
Sales  or  other  dispositions. 

Records  of  amount  on  hand  on  date  of  last  report  pre- 
ceding visit. 

(c)  Tabulate  purchases  from  date  of  last  report  preceding 
visit. 

Quantity  disposed  of  in  the  same  time  and 

Amount  on  hand  at  date  of  visit. 

If  any  discrepancies  be  discovered  between  the  records  of  the 
amount  of  such  narcotic  drugs  on  hand  the  person  registered  may 
be  arrested  and  the  records  held  as  evidence.  Drugs  found  on 
the  premises,  in  excess  of  the  amount  allowed  by  law,  should  be 
seized  and  marked  as  evidence. 

Definitions 

i.     Anesthetic:    An  agent  that  deadens  sensibility. 
2.     Cannabis  indica :     A  narcotic  principally  extracted  from 
hemp. 

3.  Chloral :     A   narcotic   liquid ;   obtained   at   first   by   the 
action  of  chlorine  upon  alcohol. 

4.  Chloroform :    A  volatile  fluid  ;  used  in  surgery  to  induce 
insensibility. 

5.  Coca   (leaves):     A  narcotic;  the  dried  leaf  of  a  plant 
found  in  Peru. 

6.  Cocaine :    A  drug  derived  from  the  coca  leaf. 

7.  Coedine :    An  alkaloid  obtained  from  opium. 

8.  Ether :     A  liquid  produced  by  the  distillation  of  alcohol 
with  sulphuric  acid. 

9.  Heroin :     A  drug  derived  from  opium. 
TO.     Laudanum :  A  drug  derived  from  opium. 

TI.     Morphine:    A  vegetable  alkaloid:  extracted  from  opium. 

12.  Narcotics:     A   medicine  which   relieves  pain,   produces 
sleep  and  in  excess  even  death. 

13.  Opium:     The  dried  juice  of  the  capsules  of  the  white 
poppy,   a   stimulant,   narcotic  poison,   used   in   medicine 


PRACTICAL  POLICE  WORK  181 

to   soothe   pain   and.  inflammation;    smoked   as   an    in- 
toxicant. 

GENERAL  LAWS  RELATIN£  TO  DRUGS,  DOCTORS 
AND  VETERINARY  SURGEONS 

Careless  Distribution  of  Medicines,  Drugs  and  Chemicals 

Any  person,  firm  or  corporation  who  distributes,  or  causes  to 
be  distributed,  any  free  or  trial  samples  of  any  medicine,  drug, 
chemical  or  chemical  compound,  by  leaving  the  same  exposed 
upon  the  ground,  sidewalk,  porch,  doorway,  in  letter  boxes,  or  in 
any  other  manner,  that  children  may  become  possessed  of 
is  guilty  of  a  misdemeanor,  punishable  by  a  fine  not  ex- 
ceeding twenty-five  dollars  for  each  offense;  but  this  section 
shall  not  apply  to  the  direct  delivery  of  any  such  article  to  an 
adult. 

The  Sanitary  Code  prohibits  the  sale  or  giving  away  of  opium, 
morphine,  chloral  or  cannabis  indica  unless  upon  the  prescription 
of  a  doctor,  dentist  or  veterinarian,  unless  when  used  for  external 
applications.  So  far  as  chloral  and  cannibis  indica  are  concerned 
it  supplements  the  State  law. 

Persons  found  on  premises  where  opium  is  smoked  could  be 
arrested  and  punished  under  section  1533  of  the  Penal  Law,  if 
there  to  smoke ;  so  could  the  occupants.  Those  who  were  actually 
smoking  or  had  the  drug  in  their  possession  could  be  arrested 
under  the  Narcotics  Law.  Persons  innocently  on  the  premises 
could  not  be  punished. 

Possession  of  stupor-producing  drugs  with  intent  to  adminis- 
ter them  unlawfully  is  a  felony,  and  furtive  possession  is  presump- 
tive evidence  of  intent.  This  would  include  chloral,  morphine, 
laudanum,  heroin,  opium,  cocaine,  coedine  as  narcotics  and  chlo- 
roform and  ether  as  anesthetics.  To  prove  crime  it  must  be 
shown  that  the  possessor  was  not  a  physician,  that  the  narcotics 
were  stupor-producing  and  that  he  had  the  intent  to  administer 
them. 

Public  Nuisance 

A  public  nuisance  means  that  the  public  is  injured  or  annoyed. 
It  does  not  mean  the  injury  or  annoyance  of  an  individual.  The 
public  may  mean  any  considerable  number  of  persons.  It  takes 


182  PRACTICAL  POLICE  WORK 

at  least  three. to  be  any  considerable  number.  The  public  can  also 
mean  the  general  public  without  defining  any  particular  individu- 
als belonging  to  it. 

A  public  nuisance  is  defined  as  a  crime  against  the  order  and 
economy  of  the  State.  Order  means  according  to  prescribed  ar- 
rangement; economy  means  without  waste.  A  public  nuisance, 
therefore,  disorganizes  and  wastes. 

A  public  nuisance  means  an  unlawful  act  or  omission.  The 
same  act  or  omission  if  occurring  under  circumstances  not  un- 
lawful would  not  be  a  public  nuisance. 

The  thing  affected  by  a  public  nuisance  is  the  health,  comfort, 
safety  or  repose  of  a  considerable  number.  The  way  in  which 
they  are  affected  is  by  being  annoyed,  injured  or  endangered. 
The  general  public  can  be  offended  by  indecency  flaunted  gener- 
ally. 

The  general  public  can  be  affected  when  a  public  passageway 
is  obstructed.  The  public  passageway  may  be  a  lake,  river,  bay, 
stream,  canal  basin  dredged  at  public  expense  or  a  street,  park, 
square  or  highway.  The  general  public  can  be  affected  by  an 
unsafe  condition.  The  condition  must  render  a  considerable 
number  insecure  in  life  or  the  use  of  property. 

When  a  crank  is  annoyed  by  a  condition,  the  condition  is  not 
necessarily  a  public  nuisance.     Even  a  large  number  of  personb 
may  be  annoyed,  as  by  a  crematory  without  its  being  a  public 
nuisance  if  its  maintenance  is  not  unlawful. 
Examples : 
"  Brown  maintains  a  building  for  the  purpose  of  committting 

and  performing  unlawful  abortions  therein. 
Brown  keeps  a  house  of  prostitution. 

Brown  keeps  a  place  of  public  resort,  and  permits  persons 
therein  to  use  indecent  language  and  to  commit  acts  of 
indecency. 

Brown,  a  grocer,  places  sjkids  from  the  stoop  of  his  store 

across  the  sidewalk  to  a  wooden  horse,  over  which  he 

conveys  goods   from  his   store  to  trucks  in  the  street, 

thereby  obstructing  the  sidewalk  several  hours  each  day. 

Brown,  who  manages  a  factory,  keeps  a  door  locked,  bolted 

or  fastened  therein,  during  working  hours,  in  violation 

of  the  labor  law. 

Brown  keeps   a  place  which  persons   frequent  to  smoke 

opium.     . 
Brown,  who  owns  a  building,  has  a  sign  displayed  thereon, 


PRACTICAL  POLICE  WORK  183 

so  placed  and  adjusted  that  it  is  likely  to  fall  into  the 
street  and  injure  a  person. 

Brown,  as  a  practice,  permits  singing  and  dancing  in  hi? 
loft  after  11  P.  M. 

Disgraceful  Practices 

Some  games  and  exhibitions  formerly  permitted  have  been 
made  misdemeanors.  Such  is  the  case  with  the  game  of  throwing 
balls  at  a  negro's  head,  or  jumping  from  a  great  height  into  a 
body  of  water.  So  is  an  act  holding  a  race  up  to  contempt  and 
ridicule. 

KIDNAPPING 

Kidnapping  was  originally  the  forcible  carrying  away  of  a 
child.  It  was  extended  to  mean  the  carrying  off  of  a  man,  woman 
or  child  from  its  own  country  and  sending  it  into  another.  Be- 
tween it  and  abduction  and  false  imprisonment  there  is  no  real 
difference  that  a  policeman  need  care  about. 

When  an  adult  is  concerned  the  intent  is  to  imprison  him 
within  the  State,  send  him  out  of  the  State,  sell  him  as  a  slave  or 
hold  him  to  service  against  his  will.  When  he  is  without  the 
State  and  brought  in  and  secreted  in  this  State,  kidnapping  is 
committed. 

When  a  child  is  the  subject  the  intent  is  to  keep  it  or  conceal 
it  from  its  parents,  to  extort  money  for  its  return  or  to  steal 
something  from  its  person. 

The  manner  of  kidnapping  is  by  seizing,  taking,  inveigling, 
leading,  enticing  or  by  use  of  force  or  fraud.  The  crime  is  a  very 
serious  felony  which  may  be  punished  by  fifty  years'  imprison- 
ment. 

There  is  a  crime  classed  as  a  misdemeanor  which  consists  in 
assisting  to  escape,  persons  confined  in  an  asylum  or  institution, 
enticing  them  away,  offering  them  a  home  or  offering  to  marry 
them.  It  is  also  a  misdemeanor  to  harbor  such  escaped  inmates 
without  the  consent  of  the  board  of  managers. 

Examples : 

Brown  procured  the  intoxication  of  White,  a  sailor,  and 
without  his  consent,  took  him  on  board  a  ship  and  com- 
pelled him  to  serve  thereon. 

Brown  arrested  White  in  this  State  and  took  him  to  an- 
other State  without  authority  of  law. 


184  PRACTICAL  POLICE  WORK 

Brown  inveigled  Jones  from  this  State  and  sold  his  services 
without  his  consent  to  a  person  in  another  State. 

Brown  enticed  Jones's  child  to  leave  home  and  held  such 
child  for  ransom. 

Brown  induced  a  woman  to  leave  this  State  on  the  promise 
of  obtaining  her  employment  in  another  State  and  placed 
her  in  a  house  of  prostitution.  (Also  guilty  of  Compul- 
sory Prostitution.) 

Brown  is  divorced  from  his  wife.  She  has  been  awarded 
the  custody  of  their  fifteen-year-old  child  by  the  court. 
Brown  entices  the  child  to  leave  his  divorced  wife  and 
to  reside  with  him. 

Children 

A  child  should  be  distinguished  from  a  minor.  A  child  is 
any  person  under  sixteen  years,  a  minor  is  a  person  under  twenty- 
one.  Childhood  and  minority  indicate  that  they  are  below  the 
age  of  full  responsibility  for  their  acts  and  that  adults  are 
charged  with  a  greater  sense  of  responsibility  in  their  dealings 
with  them.  There  are  a  few  instances  when  the  age  of  eighteen 
is  made  the  dividing  line. 

A  child  under  seven  cannot  commit  crime;  a  child  under 
twelve  is  presumed  to  be  incapable  of  committing  crime  unless  the 
presumption  be  removed  by  evidence;  a  child  under  sixteen  is 
entitled  to  have  its  mental,  physical,  moral  and  material  welfare 
looked  after  by  others.  When  he  offends  except  for  homicide  the 
offense  is  not  called  crime  but  juvenile  delinquency. 

A  person  under  eighteen  may  not  be  sold  tobacco  nor  liquor 
for  himself  or  others;  a  person  under  twenty-one  cannot  make 
nor  be  bound  by  a  contract. 

Inasmuch  as  children  are  not  permitted  under  the  law  to  do 
many  things  that  adults  may  do,  they  are  sometimes  taken  into 
custody  for  things  that  would  not  be  offenses  if  committed  by 
adults.  Such  children  are  mostly  to  be  held  under  the  charge 
of  Improper  Guardianship.  There  are  a  few  exceptions. 

Procedure 

When  a  child  is  taken  into  custody  for  any  cause  its  parents 
or  the  Children's  Society  or  both  should  be  notified.  Either  one  is 
to  take  charge  of  the  child,  pending  a  hearing,  depending  upon 
the  circumstances.  The  child  is  not  to  be  confined  in  a  cell.  The 


PRACTICAL  POLICE  WORK  185 

recognizance  of  parents  when  parents  are  not  at  fault  and  they 
are  responsible  persons  is  accepted  for  the  child's  appearance. 
The  hearing  takes  place  in  the  Children's  Court,  a  court  specially 
organized  to  hear  cases  of  juvenile  delinquency  and  improper 
guardianship. 

For  their  proper  mental,  moral,  physical  and. material  develop- 
ment children  are  entitled  to  get  an  education  and  training,  proper 
nourishment  and  clothing,  proper  housing  and  guardianship. 

How  Endangered 

-  A  child  may  be  demoralized  through  amusements;  through 
the  commercial  transactions  it  engages  in ;  through  its  association ; 
through  its  employment;  through  the  places  it  is  allowed  to  fre- 
quent. Generally  speaking,  a  child  is  entitled  to  receive  schooling 
until  it  is  sixteen.  It  is  permitted  to  leave  when  it  has  obtained 
a  certificate  of  certain  proficiency,  such  as  graduation  from  a 
grammar  school  or  has  reached  the  seventh  grade  studies  before 
sixteen. 

Amusement  Places  Restricted  to  Children 

The  amusement  places  forbidden  to  children  under  penalty  to 
the  person  permitting  them  to  enter  and  stay  are  public  dance 
halls,  public  bowling  alleys,  concert  halls,  theatres,  moving  pic- 
ture places,  public  pool  and  billiard  rooms  and  public  skating 
rinks.  To  such  places,  however,  the  child  may  go  if  accompanied 
by  a  parent  or  by  one  who  acts  as  guardian.  He  is  not  to  remain 
in  a  barroom  under  any  conditions  nor  to  bowl  nor  play  pool  in 
a  public  place  even  with  his  parent.  Drinking  or  remaining  in  a 
barroom  is  forbidden  to  a  person  until  he  has  reached  the  age  of 
eighteen. 

Since  the  reason  for  restricting  the  use  of  amusement  places 
to  children  is  on  account  of  the  danger  to  their  morals,  it  follows 
that  amusements  under  the  auspices  of  a  church  or  welfare  so- 
ciety, are  not  in  any  manner  subject  to  the  ordinary  restrictions. 

A  Child's  Business  Restricted 

The  commercial  transactions  which  adults  may  not  engage  in 
with  children  are  the  buying  and  selling  of  intoxicating  liquors, 
the  selling  of  tobacco  to  a  child ;  the  selling  to  it  of  firearms  or 
•dangerous  toy  or  air  guns;  buying  from  it  by  a  pawnbroker  or 


i86  PRACTICAL  POLICE  WORK 

giving  it  a  loan  on  articles;  buying  from  it  by  a  junk  or  second- 
hand dealer. 

Children's  Associations 

Demoralizing  associations  or  conditions  are  forbidden  to  chil- 
dren, as  well  as  conduct  that  is  demoralizing.  These  are  living 
in  a  state  of  destitution,  being  exposed,  neglected ;  being  without 
home  or  responsible  person  to  care  for  them;  being  disorderly  or 
ungovernable,  frequenting  the  company  of  thieves  or  vicious  per- 
sons, begging,  picking  rags,  cigar  butts  or  the  like  and  practising 
truancy. 

Employment 

The  kind  of  employment  that  is  either  injurious  or  demoral- 
izing and  therefore  unlawful  is  that  of  gymnast,  rope  walker, 
rider,  rag  picker,  contortionist,  beggar,  acrobat,  wrestler  or  ped- 
dler. 

The  kind  of  employment  injurious  to  the  health  or  physical 
development  of  the  child  is  working  in  a  factory,  a  hotel,  restau- 
rant, mercantile  establishment,  business  or  telegraph  office  or  as 
a  messenger  or  distributer  of  merchandise,  under  fourteen,  or 
between  fourteen  and  sixteen  unless  working  papers  from  the 
Health  Department  has  been  secured  in  accordance  with  the  pro- 
visions of  the  Child  Labor  Law. 

Employment  in  theatrical  or  moving  picture  work  is  denied 
to  children  unless  with  the  written  consent  of  the  Mayor.  Again 
this  does  not  apply  to  church  theatricals  or  those  under  an  uplift 
society. 

Occupation  that  would  be  dangerous  to  life  and  limb  is  for- 
bidden to  children  such  as  working  at  dangerous  machinery 
where  they  might  get  disabled.  The  Labor  Department  specifies 
the  kind  of  work  in  factories  that  is  dangerous  to  children.  Em- 
ployment before  8  A.  M.  and  after  5  P.  M.  and  in  messenger  work 
after  6  P.  M.  is  forbidden. 

Boys  under  twelve  and  girls  under  sixteen  are  not  allowed  to 
sell  newspapers.  Between  12  and  14  boys  may  sell  with  permis- 
sion from  the  Board  of  Education  if  they  are  attending  school, 
but  not  af^r  8  P.  M.  nor  before  6  A.  M.  Boys  from  14  to  16 
may  deliver  papers  over  prescribed  routes  between  3  and  6:30 
P.  M.  and.  5:30  and  8  A.  M.,  and  boys  12  to  14  from  3  to  5:30 
P.  M.  under  a  permit. 


PRACTICAL  POLICE  WORK  187 

Deserting  Children 

The  parent  or  guardian  of  a  child  under  fourteen  who  deserts 
it  in  any  place  with  the  intention  to  wholly  abandon  it  is  liable  to 
imprisonment  for  seven  years. 

The  parent  or  guardian  who  abandons  a  destitute  child  under 
sixteen  and  fails  to  provide  for  it  is  guilty  of  a  felony.  There 
must  have  been  a  leaving  and  a  failure  to  provide  to  constitute 
this  crime.  To  omit  to  properly  provide  for  the  child  without 
leaving  it  is  a  misdemeanor.  A  permit  to  keep  a  child's  boarding 
house  or  a  maternity  hospital  must  be  secured  from  the  Board 
of  Health. 

Children  should  never  be  arrested  when  the  condition  can 
•otherwise  be  corrected. 

MALICIOUS  MISCHIEF 

Malicious  mischief  includes  both  an  act  of  mischief  and  a 
malicious  intent.  Since  malice  is  a  necessary  part  of  the  crime 
it  must  be  shown  on  the  trial  to  secure  a  conviction. 

Malicious  mischief  is  either  a  felony  or  misdemeanor  accord- 
ing to  the  amount  of  damage  done,  the  possibilities  of  injury  aris- 
ing from  the  act  and  the  character  of  the  property  injured. 

It  is  a  felony  to  show  a  false  light  before  a  train,  or  to  alter, 
extinguish,  or  remove  a  light  or  signal  because  of  the  possibilities 
of  injury  to  life  that  might  result  from  such  an  act. 

A  person  who  wilfully  and  unlawfully  does  any  of  the  follow- 
ing is  guilty  of  a  felony  for  similar  reasons. 

1.  Damages  a  building  by  explosives. 

2.  Sets  fire  to  growing  grain,  grass  or  timber  of  another. 

3.  Sets  fire  to  forest  lands  owned  by  the  State,  or  another. 

4.  Injures  or  removes  a  buoy  or  beacon  from  State  waters. 

5.  Injures   or   removes   a   monument   for   designating  the 
boundary  of  city,  State,  village,  farm  or  lot  of  land. 

6.  Injures  or  taps  a  line  of  telegraph,  telephone  or  cable. 

7.  Damages  or  destroys  a  public  bridge  or  highway. 

8.  Damages  or  destroys  a  public  gas  or  water  main. 

9.  Damages  or  destroys  a  public  sewer  or  drain. 

10.  Damages  or  destroys  with  intent  to  destroy  and  render 
useless,  tools  or  machinery  of  another,  used  in  trade  or 
husbandry. 

11.  Injures  or  damages  a  house  of  worship  or  any  part 
thereof,  or  any  article  therein  for  use  in  religious  services. 


i88  PRACTICAL  POLICE  WORK 

12.  Injuries  or  destroys  any  book  or  other  article  on  exhi- 
bition in  a  public  museum  or  library  for  the  information 
or  instruction  of  the  public. 

13.  Injures   or   damages  the   real   or   personal   property   of 
another  of  the  value  of  more  than  $250.00. 

14.  Injures  or  damages  the  returns  of  a  public  election  if 
appointed  to  deliver  them,  or  takes  them  away  from  a 
messenger    with    intent   to    prevent   their    delivery,    or 
injures,  destroys  or  mutilates  them  in  any  other  manner. 

15.  Wilfully  displaces,  loosens,  removes,  injures  or  destroys 
any  rail,  sleeper,  switch,  bridge,  viaduct,  culvert  or  em- 
bankment connected  with  any  railway ;  or  attempts  to 
wreck  or  destroy  by  any  means  any  car  or  train  while  it 
is  standing  or  moving  on  a  railroad  track;  or  any  ob- 
struction on  a  railroad  track;  or, 

1 6.  Displaces,  removes,  cuts,  injures  or  destroys  any  wire, 
insulator,    pole,    dynamo,   motor,    locomotive,    or    other 
motor  power  of  a  railroad  operated  by  electricity;  or, 

17.  Throws  a  missile  or  discharges  a  firearm  at  a  train,  car, 
vehicle  or  locomotive,  which  is  on  a  railroad  track. 

The  acts  of  malicious  mischief  which  are  misdemeanors  in- 
volve less  property  and  less  possibility  of  damage.  A  person  is 
guilty  of  misdemeanor  who 

1.  Injures  or  destroys  the  real  or  personal  property  of  an- 
other to  the  extent  of  $250.00  or  less. 

2.  Displaces,  injures  or  removes  a  milestone,  danger  sign,, 
or  signal  sign,  guidepost  or  sign,  or  direction  thereon. 

3.  Paints,  prints,  or  affixes  a  commercial  advertisement  on 
any  object  which   is   the  property  of  another,  without 
obtaining  written  consent,  or  places  such  advertisement 
on  a  tree,  fence,  stump,'  pole,  mileboard,  stone,  signal,, 
guide  sign,  guidepost  within  the  limits  of  a  public  high- 
way. 

4.  Sends  a  false  alarm  of  fire. 

5.-    Opens  a  fire  hydrant,  except  to  extinguish  a  fire,  and  then 
only  when  authorized. 

6.  Injures  a  fire  hydrant. 

7.  Interferes  with  a  fire  alarm  telegraph  system. 

8.  Enters  an  orchard   or   fruit  garden  with  the  intent  to 
steal  fruit. 

9.  Cuts  down  a  tree  standing  on  the  lands  of  another  or  on 
the  property  of  the  State  or  city  (also  covered  by  Park 
Ordinance). 


PRACTICAL  POLICE  WORK  189 

10.  Intrudes  or  places  a  shanty  or  other  building  on  any  lot 
of  another  without  his  consent. 

11.  Places  a  shanty  or  other  erection  within  the  boundaries 
of   a   highway   or   public   street    (also  covered   by   City 
Ordinance). 

12.  Drives  along  the  highway  a  wild  and  dangerous  animal 
or  a  vehicle  or  engine  propelled  by  steam,   except  on 
tracks,  unless  such  animal  or  vehicle  -is  preceded  by  a 
person   one-eighth   of   a   mile   ahead   to   warn   persons. 
(Relative  to  animals  is  covered  by  Sanitary  Code.) 

13.  Trespasses  on  any  State  rifle  range. 

14.  Cuts,  damages  or  destroys  the  anchorage  or  moorings  of 
a  vessel. 

15.  Places  any  advertisement  on  the  U.  S.  Flag  or  ensign,  or 
the  Flag  or  ensign  of  the  State. 

1 6.  Sells  merchandise  on  which  the  U.  S.  Flag  or  ensign  or 
State  flag  or  ensign  is  used  as  an  advertisement. 

(Note — This  subdivision  does  not  apply  to  acts  per- 
mitted by  the  Federal  laws  or  to  the  placing  of  such 
flags,  when  not  intended  as  an  advertisement,  on  a  di- 
ploma, certificate  of  appointment  to  office,  ornamental 
picture,  stationery  used  in  private  correspondence,  arti- 
cle of  jewelry,  or  newspaper,  or  periodical.) 

17.  Publicly  multilates,  destroys,  or  casts  contempt  on  the 
U.  S.  Flag,  or  State  Flag,  either  by  words  or  acts. 

1 8.  Connects  with  gas  mains  or  electric  wires  without  au- 
thority. 

19.  Refuses  to  deliver  gas  meter  to  corporation,  company  or 
person  owning  it  on  demand,  or  selling  it. 

20.  Turns  on  steam  to  heat  building  when  lawfully  shut  off 
by  person  controlling  it. 

21.  Throws  or  causes  to  be  thrown  in  a  public  highway,  any 
glass,  nails,  tacks,  thorns  or  other  substance  that  might 
injure  automobile  tires  or  horses'  feet. 

22.  Kills,  wounds  or  traps  any  bird  or  game  within  a  public 
burying  ground,  pleasure  ground  or  park,  or  takes  its 
eggs  from  there. 

In  deciding  whether  or  not  a  case  is  one  of  malicious  mischief, 
the  policeman  should  ask  himself: 

1.  Was  the  act  done  intentionally? 

2.  Did  the  person  who  did  the  act  have  a  lawful  right  to 
do  so? 


ipo  PRACTICAL  POLICE  WORK 

RAILWAY  LAWS 

A  person  is  guilty  of  misdemeanor : 

1.  Who  rides  on  any  engine  or  any  passenger  car,  baggage 
car,  express  car,  freight  car,  wood  car  or  any  other  car 
of  any  railroad  company,  without  authority  or  permis- 
sion of  the  proper  officers  of  the  company  or  of  the  person 
in  charge  ®f  said  car  or  engine;  or,  with  intention  of  not 
paying  therefor. 

2.  Who  gets  on  any  car  or  train  while  in  motion,  for  the 
purpose  of  obtaining  transportation  thereon  as  a  passenger. 

3.  Who  wilfully  obstructs,  hinders  or  delays  the  passage  of 
any  car  lawfully  running  upon  any  steam,  or  horse,  or 
street  railway. 

4.  Who,  not  being  connected  with  or  employed  upon  the 
railroad,    walks    upon    or    along   any    railroad    track    or 
tracks  or  right  of  way,  except  where  and  when  necessary 
to  cross  the  track  or  tracks  or  right  of  way  where  they 
are  laid  across  or  along  the  streets  or  highways. 

SABBATH  LAWS 

Day  of  Rest 

Sunday,  the  Christian  Sabbath,  is  observed  as  a  day  of  rest 
and  all  useful  works  are  forbidden  on  that  day.  The  general  ex- 
ception consists  of  works  of  necessity  and  charity.  Some  of  the 
exceptions,  however  illustrate  convenience  rather  than  necessity 
as  in  the  case  of  barber  shops  which  keep  open  till  I  P.  M. 

Sale  and  barter  are  prohibited,  except  that  articles  of  food 
can  be  sold,  served  or  delivered  before  10  A.  M.,  but  uncooked 
flesh  meats  are  not  to  be  sold  or  delivered  during  the  day; 
meals  to  be  eaten  on  the  premises  can  be  sold  at  all  times  and 
caterers  can  do  likewise ;  cooked  and  prepared  foods  can  be  sold 
and  delivered  by  delicatessen  dealers  before  10  A.  M.  and  be- 
tween 4  and  7 :3O  P.  M.,  and  tobacco,  milk,  eggs,  ice,  soda  water, 
fruit,  flowers,  confectionery,  newspapers,  gas,  oil,  tires,  medical 
and  surgical  instruments  can  be  sold  at  all  times,  but  not  in  a 
place  where  liquor  is  sold. 

Parades  and  processions  are  forbidden  except :%  Funeral  pro- 
cessions, religious  processions  to  and  from  a  place  of  worship; 
Naval  and  Military  and  Police  and  Fire  Department  movements ; 
partiotic  processions  on  the  Sunday  before  Memorial  Day. 


PRACTICAL  POLICE  WORK  191 

Music  at  parades  is  forbidden  except  at  military  funerals  or 
those  of  a  U.  S.  soldier,  sailor  or  marine,  or  member  of  a  veteran 
corps,  regular  or  militia;  member  of  a  secret  fraternal  society, 
or  of  an  association  of  employees  of  the  National,  State  or  City 
Government.  It  is  also  permitted  at  patriotic  processions  on  the 
Sunday  before  Decoration  Day. 

Theatrical  performances  are  prohibited  as  well  as  exhibitions 
and  acrobatic  performances,  except  music,  singing,  lectures,  reci- 
tations and  addresses  which  are  educational  or  instructive.  Mov- 
ing pictures  are  permitted  under  the  laws  of  1919. 

Sports  on  Sunday  are  generally  prohibited  including  hunting, 
shooting,  racing  and  the  professional  sports  to  which  admission 
is  charged.  The  Legislature  of  1919,  however,  gave  to  the  local 
municipality  or  other  political  portion  of  the  State,  the  right  to 
grant  or  withhold  permission  to  play  baseball  on  Sunday  even 
with  the  charge  of  an  admission  fee.  Such  localities  can  also 
determine  the  hours  within  which  the  game  may  be  played,  due 
regard  to  be  paid  to  non-interference  with  repose  or  religious 
worship.  • 

The  two  things  to  which  the  people  above  all  else  are  entitled 
is  the  right  to  enjoy  repose  and  to  engage  in  worship  without 
being  interfered  with.  For  that  reason  it  is  permissible  to  play 
certain  games  such  as  tennis  in  places  not  near  a  church  when  it 
would  not  be  permissble  to  play  in  the  vicinity  of  a  church  at 
or  about  the  time  persons  were  worshipping. 

Repose  means  general  repose  and  for  that  reason  the  repose 
of  three  or  more  persons  would  constitute  a  reason  for  stopping 
a  game  which  would  not  be  stopped  if  only  one  person  objected. 
In  this  instance,  as  in  the  case  of  a  public  nuisance  it  is  not  the 
repose  of  a  crank  that  constitutes  the  offense,  but  that  of  a  con- 
siderable number  of  persons. 

Civil  processes  cannot  be  served  on  Sundays.  Criminal  pro- 
cesses in  serious  cases,  in  cases  of  breaches  of  the  peace  or  where 
a  breach  is  apprehended  or  in  minor  cases  where  there  is  a  di- 
rection from  the  court  can  be  served. 

Election  Crimes 

The  police  are  to  protect  electors  on  election  and  primary 
day  and  assist  the  election  officers  to  preserve  the  peace  and  en- 
force the  law. 

A  vast  number  of  crimes  can  be  committed  in  connection  with 


192  PRACTICAL  POLICE  WORK 

the  holding  of  elections.     These  crimes  are  committed  by  two 
classes : 

1.  The  electors. 

2.  The  election  officers  and  public  officers. 

When  the  act  is  one  which  directly  tends  to  deprive  a  person 
of  a  vote  who  has  the  right  to  vote  or  let  a  person  vote  who  has 
not,  the  offense  is  generally  a  felony  when  committed  by  an  elec- 
tion officer.  When  the  act  is  one  which  does  not  directly  affect 
the  result  but  is  violative  of  a  regulation  for  the  orderly  and 
honest  conduct  of  the  election,  it  is  a  misdemaenor  when  com- 
mitted by  the  same  officers,  as  a  general  rule. 

When  committed  by  an  elector  the  crime  to  be  a  felony  must 
be  an  act  directly  tending  towards  the  giving  of  a  fraudulent  vote 
or  directly  affecting  the  result.  Indirect  and  incidental  acts  that 
merely  interfere  but  do  not  directly  offset  a  result  are  misde- 
meanors. 

At  primary  elections  acts  are  misdemeanors  which  at  general 
elections  are  felonies.  The  taking  of  a  false  oath  is  perjury. 

One  is  guilty  of  a» felony  who 

1.  Registers,  or  attempts  to  register,  as  an  elector  in  more 
than  one  place. 

2.  Registers,  or  attempts  to  register  as  an  elector,  knowing 
that  he  will  not  be  a  qualified  voter  in  the  district  on 
the  day  of  election. 

3.  Registers,  or  attempts  to  rogister  as  an  elector  under  any 
other  name  than  his  own. 

4.  Knowingly  gives  a  false  residence  when  registering. 

5.  Knowingly  permits,  aids,  abets,  procures,  commands,  or 
-  advises  another  to  comjnit  any  of  the  foregoing  acts. 

6.  Wilfully  suppresses,   alters,   destroys,  or  mutilates  any 
signed  challenge  affidavits  or  official  copies  thereof. 

7.  Being  a  clerk,  or  member  of  the  Registry  Board,  wilfully 
refuses,  or  neglects  to  perform  any  duty  in  connection 
with  the  registration  imposed  by  law  -upon  him;  or  who 
commits  any  fraud  in  the  performances  of  his  duties. 

8.  Being  an  Inspector,  or  other  person,  wilfully  incorpo- 
rates, or  causes  to  be  incorporated,  any  false  statement 
in  any  challenge  affidavit. 

9.  Takes    a    false    oath    before    the    Board    of    Election 
Inspectors. 

10.     Wilfully  alters,  mutilates,  destroys  or  removes  from  the 
place  of  registry  the  public  copy  of  registration. 


PRACTICAL  POLICE  WORK  193 

A  person  is  guilty  of  a  felony  who : 

1.  Being  a  public  officer,  omits,  refuses,  or  neglects  to  per- 
form an  act  required  of  him  by  the  Election  Law,  or 
refuses  to  permit  the  doing  of  any  act  authorized  there- 
by (unless  otherwise  provided  by  law). 

2.  Forges,  or  falsely  makes  the  official  endorsement  of  any 
ballot. 

3.  Having  charge  of  official  ballots,  destroys,  conceals,  or 
suppresses  them,  except  provided  by  law. 

4.  Knowingly  votes,  or  attempts  to  vote,  when  not  qualified. 

5.  Procures,  aids,  assists,  counsels,  or  advises  a  person  to 
vote,  who  is  not  qualified. 

6.  Votes,  or  attempts  to  vote,  more  than  once  at  the  same 
election. 

7.  Votes,  or  attempts  to  vote,  in  any  other,  name  than  his 
own. 

8.  Votes,  or  attempts  to  vote,  from  a  place  where  he  does 
not  make  his  place  of  stay. 

9.  Being  an  inhabitant  of  another  State,  or  county,  votes,  or 
attempts  to  vote,  in  this  State. 

10.  Being  an  Inspector,  or  Poll  Clerk,  intentionally  makes, 
or  attempts  to  make,  a  false  canvass  of  the  ballots,  or 
any  false  statement  of  the  results  of  canvass,  or  attempts 
to  induce  an  Election  Inspector,  or  Poll  Clerk,  to  do  so. 

11.  Pays  any  money,  or  gives  any  other  valuable  considera- 
tion to  a  voter,  either  directly,  or  indirectly,  or  promises 
to  do  so,  for  the  purpose  of  influencing  his  vote,  or  to 
cause  him  to  refrain  from  voting. 

12.  Being  a  voter,  receives  or  agrees  to  receive,  any  money, 
or  other  valuable  consideration,  to  influence  his  vote, 
or  to  refrain  from  voting. 

13.  Wilfully  and  unlawfully  mutilates  or  destroys  election 
returns. 

14.  Being  an  Election  Inspector,  refuses  to  permit  watchers 
voters,  or  challengers  to  exercise  their  rights  as  such. 

A  person  is  guilty  of  a  misdemeanor  who : 

1.  Refuses   to  permit  his   employees   entitled   to  vote,  the 
privilege  of  attending  the  polling  place  to  do  so. 

2.  Neglects,  or  refuses,  to  deliver  official  ballots  to  Inspec- 
tors of  election,  being  charged  with  the  duty  of  doing  so. 

3.  Being  an  election  officer,  or  watcher,  reveals  to  another 
person  the  name  of  a  candidate  for  which  a  voter  has 
voted,  or  unfolds  a  ballot  before  the  closing  of  the  polls, 


194  PRACTICAL  POLICE  WORK 

or  places  a  mark  on  a  ballot  by  which  it  can  be  identified. 

4.  Electioneers  on  election  day,  in  any  public  manner  within 
one  hundred   (100)   feet  of  the  polls,  or  in  a  building, 
or  room,  within  one  hundred  (100)  feet  thereof. 

5.  Unlawfully  goes  within  guard  rail,  or  being  unlawfully 
there,  refuses  to  leave  after  being  ordered  to  do  so  by 
an  Election  Inspector,  or  other  proper  authority. 

6.  Unlawfully  removes  an  official  ballot  from  polling  place 
before  closing  of  polls. 

7.  Displays  any  political  banner,  poster,  or  placard,  in,  or 
upon  any  polling  booth,  except  those  provided  by  law. 

5.     Being  an  Inspector  of  Election,  knowingly  and  wilfully 

permits  a  person  to  vote  not  entitled  to  do  so. 

9.     Wilfully  and  unlawfully  enters  a  polling  booth  with  a 

voter,  or  remains  in  a  polling  booth  with  a  voter,  or 

opens  the  door  of  a  polling  booth  while  a  voter  is  there. 

10.     Being  a  voter,  knowingly  permits  any  person  to  be  in 

voting  booth  with  him,  except  as  provided  by  law. 
'II.     Having  lawfully  entered  polling  booth  with  voter,  re- 
veals how  he  voted,  or  tries  to  induce  him  to  vote  any 
particular  ballot. 

12.  Shows  any  ballot  after  it  has  been  voted,  so  as  to  reveal 
contents,  or  requests  another  person  to  do  so,  except 
as  provided  by  law. 

13.  Places  any  mark  on  his  ballot  for  the  purpose  of  having 
it  identified  as  his. 

14.  Receives  an  official  ballot  from  any  person  other  than  the 
Ballot  Clerk. 

15.  Not  being  a  Ballot  Clerk,  delivers  an  official  ballot  to  a 
voter. 

16.  Not  being  an  Inspector  of  Election,  receives  an  official 
ballot  from  a  voter. 

17.  Wilfully  disobeys  any  lawful  commands  of  the  Election 
Inspectors. 

1 8.  Being  an  employer,  pays  his  employee  in  a  pay  envelope 
on  which  there  is  a  political  motto,  containing  threats, 
calculated  to  influence  the  vote  of  such  employee. 

19.  Being  an  officer,  or  an  employee  of  the  State,  uses  his 
official    influence    to    compel    other    employees    to    pay 
political  assessments. 

20.  Wilfully  defaces  or  injures  a  voting  booth,  or  compart- 
ment, or  removes  any  supplies  therefrom. 


PRACTICAL  POLICE  WORK  195 

21.  Before  closing  of  the  polls,  wilfully  defaces,  or  destroys 
lists  of  candidates  to  be  voted  for,  which  are  posted  in 
accordance  with  law. 

22.  Before  the  closing  of  the  polls,  wilfully  removes  any  of 
the  official  cards  containing  instruction  for  voters. 

NOTE. — A  person  who  commits  any  of  the  above  misde- 
meanors as  a  second  offense  is  guilty  of  a  felony. 

It  is  a  misdemeanor  for  a  Police  Commissioner,  or  a  member 
of  the  Police  Force : 

1.  To  use  his  official  power  or  authority  in  aid  of  or  against 
any  political  party  or  association,  or  to  threaten  to  use 
such  power  or  authority. 

2.  To  reward  or  punish  any  citizen  on  account  of  his  politi- 
cal affiliation,  or  to  threaten  to  do  so. 

3.  To  retire,  promote,  transfer  or  appoint,  reward,  or  punish 
a  member  of  the  Police  Force,  on  account  of  his  political 
opinion,  or  actions. 

4.  To  contribute  any  money  to,  or  solicit  the  contribution 
of  any  money  for  any  political  club,  or  associations,  or 
for  any  political  fund. 

5.  To  join,  or  become  a  member  of  any  political  club,  or 
association. 

A  person  who  is  the  owner  of  premises  contracted  for  or 
used  as  a  polling  place  shall  not  make  any  political  contribution 
to  any  political  party  (violation  a  misdemeanor). 

A  policeman,  an  election  officer  or  a  private  person  who  re- 
fuses to  assist  the  Superintendent  of  Elections  or  his  deputies 
in  the  enforcement  of  the  law  when  called  upon  is  guilty  of  a 
felony. 

An  Inspector  of  Election  can  authorize  in  writing  the  arrest 
of  one  who  is  disorderly  or  creating  a  disturbance.  Before  ar- 
resting him  the  policeman  should  give  him  the  opportunity  to  vote. 

The  qualifications  of  voters  is  a  matter  investigated  by  the 
police. 

1.  Must  be  a  citizen  and  twenty-one  (21)  years  of  age. 

2.  Must  have  been  an  inhabitant  of  the  State  for  at  least 
one  year  prior  to  election. 

3.  Must  be  a  resident  of  the  county  for  four  (4)  months 
prior  to  election. 

4.  Must  be  a  resident  of  the  Election  District  thirty  (30) 
days  prior  to  election  day. 

5.  Must  have  registered. 


196  PRACTICAL  POLICE  WORK 

6      if  a  naturalized  citizen,  must  have  been  naturalized  ninety 
(90)    days  prior   to   time   of  election,   at   least,   or   if  a 
citizen   by   marriage   must   have   been   an    inhabitant   of 
the  U.  S.  for  at  least  five  years  prior  to  such  day. 
-._    • 

PAWNBROKERS 

Three  kinds  of  business  regulated  by  law  on  account  of  the 
facilities  they  afford  for  wrong  doing  are  pawnbrokers,  second- 
hand dealing  and  junk  dealing.  Pawnbroking  is  the  lending  or 
advancing  of  money  on  personal  property  pledged  as  security. 
Three  kinds  of  pawnbroking  are  authorized  by  law. 

1.  Loaning  money,  on  deposit  or  pledge  of  tangible  personal 
property. 

2.  Buying  personal  property  on  condition  of  selling  it  back 
at  a  stipulated  price. 

3.  Loaning  money  on  furniture  stored  in  a  storage  ware- 
house conducted  by  the  lender. 

Pawnbrokers  are  licensed  by  the  License  Department  and 
file  a  bond  of  $10,000.  It  is  a  misdemeanor  to  conduct  the  busi- 
ness or  charge  interest  above  the  legal  rate  without  a  license. 

Books  containing  a  description  of  the  goods  pledged,  amount 
loaned,  time,  rate  of  interest  and  name  and  address  of  person 
pawning  must  be  kept  by  the  pawnbroker.  At  the  time  of  pledg- 
ing there  must  be  given  to  the  pawner  a  memorandum  or  note 
containing  the  substance  of  the  entry. 

The  holder  of  such  memorandum  is  presumed  to  be  the 
person  entitled  to  redeem  and  the  pawnbroker  must  deliver  such 
article  to  the  person  presenting  it,  on  payment  of  principal  and 
interest. 

Should  the  ticket  be  lost  or  mislaid,  the  pawner  should  at 
once  apply  to  the  pawnbroker,  to  permit  him  to  examine  the 
books,  and  on  finding  the  entry  for  said  ticket,  note  or  memoran- 
dum, and  upon  giving  to  the  pawnbroker  an  exact  description  of 
the  article  pawned,  the  pawnbroker  will  issue  a  second,  or  stop 
ticket. 

In  case  the  pawner  neglect  to  so  apply  and  examine  the  books 
and  receive  such  memorandum,  the  pawnbroker  will  be  bound  to 
deliver  the  pledge  to  any  person  producing  such  ticket  for  the 
redemption  thereof. 

This  article  is  not  to  be  construed  as  in  any  manner  limiting, 
or  affecting  the  pawnbroker's  common  law  liability  in  cases  where 


PRACTICAL  POtlCE  WORK  197 

goods  are  stolen,  or  other  legal  defects  of  title  exist  in  the  pledger. 

Examination  of  Pawnbrokers  Books 

Section  317,  of  the  Greater  New  York  Charter,  in  effect  states 
that: 

The  Police  Commissioner,  his  deputies,  Inspectors  and  Cap- 
tains of  Police  and  persons  acting  by  their  orders  have  power  to 
examine  the  books  of  any  pawnbroker,  his  ,clerk  or  clerks, 
if  they  deem  it  necessary,  in  search  of  stolen  property,  and  any 
person  having  in  his  possession  a  pawnbroker's  ticket,  when  ac- 
companied by  a  policeman  or  by  an  order  from  any  of  the  fore- 
going officials  will  be  allowed  to  examine  the  property  purport- 
ing to  be  pawned  by  such  ticket.  No  property  is  to  be  removed 
from  the  possession  of  any  pawnbroker  without  the  process 
required  by  the  existing  laws  of  this  State,  or  the  laws  and  ordi- 
nances of  the  city  regulating  pawnbrokers.  A  refusal  or  neglect 
to  comply  with  the  provisions  of  this  section  on  the  part  of  any 
pawnbroker,  his  clerk  or  clerks  will  be  deemed  a  misdemeanor. 

The  interest  a  pawnbroker  may  charge  and  no  more  is  three 
percentum  per  month,  or  any  fraction  of  a  month,  for  the  first 
six  months,  and  two  percentum  per  month  for  each  month  suc- 
ceeding, upon  any  loan  not  exceeding  one  hundred  dollars ;  two 
per  centum  per  month  for  the  first  six  months  and  one  per  centum 
per  month  for  each  succeeding  month,  on  any  loan  exceeding  the 
sum  of  one  hundred  dollars. 

A  pawnbroker  cannot  buy  second-hand  material  nor  engage 
in  any  second-hand  business.  He  must  keep  the  goods  pledged 
for  a  year,  sell  by  public  auction  by  a  licensed  auctioneer  and 
turn  over  the  excess  realized  from  the  sale  to  the  original  owner. 
The  time  of  sale  has  to  be  advertised  in  at  least  two  daily  papers 
of  the  city  for  six  days  designated  by  the  Commissioner  of 
Licenses  and  containing  the  terms  of  the  sale. 

The  Commissioner  of  License  can  fine  a  pawnbroker,  or  sus- 
pend his  license  or  recommend  its  revocation  to  the  Mayor.  The 
pawnbroker  is  required  to  report  to  the  Police  Commissioner  in- 
formation on  blanks  whenever  demanded  containing  a  descrip- 
tion of  all  goods,  articles,  or  things  pawned  or  pledged,  in  the 
course  of  business  during  the  days  specified  in  such  notice,  stat- 
ing the  number  of  the  pawn  tickets  issued  therefor,  the  amounts 
loaned  thereon,  and  such  identifying  marks  as  may  be  on  the 
goods  pawnee!.  If  such  notice  from  the  Police  Commissioner  so 


ip8  PRACTICAL  POLICE  WORK 

prescribes,  such  pawnbroker  must  from  that  time  and  until  he 
is  notified  to  discontinue  keep  and  furnish  on  blank  forms  a  gen- 
eral description  of  every  person  depositing  such  pledges,  sex, 
color  and  apparent  age. 

It  is  a  misdemeanor  for  a  pawnbroker  to  refuse  or  omit  to 
exhibit  on  demand  stolen  goods  to  the  owner  thereof  or  his 
agent  during  business  hours.  To  sell  before  the  time  to  redeem 
has  expired,  to  refuse  to  disclose  the  name  of  a  purchaser  or  the 
price  paid  for  an  article  is  a  misdemeanor.  The  hours  during 
which  he  may  conduct  business  are  from  7  A.  M.  till  6  P.  M., 
week  days,  except  Saturdays  when  he  can  keep  open  till  midnight. 

When  a  uniformed  policeman  discovers  an  article  in  a  pawn- 
shop alleged  to  be  lost  or  stolen,  he  should  note  the  pledge  num- 
ber and  place  a  stop  on  it.  He  should  then  report  the  case  to  the 
detective  division,  through  the  desk  officer.  The  detective  as- 
signed to  the  case  examines  such  pledge  and  finding  it  to  be,  or 
having  reasonable  grounds  to  believe  it  to  be  lost  or  stolen,  places 
what  is  known  as  a  "STOP  TICKET"  on  it. 

This  ticket  is  filled  out  as  per  the  captions,  and  signed  by  the 
pawnbroker  or  dealer.  The  stub  is  left  with  the  pawnbroker,  or 
dealer,  and  the  ticket,  with  the  signature  of  the  broker,  or  dealer, 
is  returned  to  the  Lost  Property  Bureau  of  the  Police  Depart- 
ment. 

When  a  stop  ticket  is  to  be  removed,  a  ticket,  known  as 
"Removal  of  Stop"  is  filled  out  and  presented  to  the  broker,  or 
dealer,  who  returns  the  stub  left  with  him  at  the  time  the  stop 
was  placed  on  the  article. 

A  Stop  is  placed  upon  an  article  for  the  purpose  of  preventing 
the  pawnbroker  from  disposing  of  such  article,  until  the  detective 
is  satisfied  that  the  property  will  be  returned  to  its  rightful 
owner. 

Pawnbrokers  are  required  to  send  to  the  Bureau  of  Lost 
Property  daily  before  n  A.  M.,  a  list  of  articles  as  are  specified 
by  such  Bureau  received  by  them  in  pledge  or  pawn. 

When  a  watch  is  pawned,  a  card  is  made  out  by  the  pawn- 
broker and  forwarded  to  the  Lost  Property  Bureau. 

MOTOR  VEHICLE  LAW 

All  vehicles  propelled  by  other  than  muscular  power  are 
MOTOR  VEHICLES  within  the  meaning  of  the  Motor  Vehicle 
Law  regulating  them  except  the  following: 

i.     Police  patrol  wagons. 


PRACTICAL  POLICE  WORK  199 

2.  Public  or  private  ambulances  for  sick  or  injured  persons. 

3.  Fire  wagons  and  engines. 

4.  Traction  engines. 

5.  Road  rollers. 

6.  Vehicles  which  run  only  on  rails  or  tracks. 

7.  Vehicles  owned  by  the  U.  S.  Army  or  Navy. 

8.  Motor  bicycles  or  motorcycles. 

9.  United  States  mail  wagons. 

As  the  above  named  vehicles  are  not  motor  vehicles  within 
the  meaning  of  the  law,  they  are  not  required  to  be  registered. 

Some  such  vehicles  display  a  registration  number,  as  it  makes 
their  identification  easy,  and  as  any  vehicle  used  for  State  or  City 
purposes  can  get  registered  free  of  charge,  the  registration  num- 
bers are  put  on  as  a  matter  of  convenience. 

In  the  case  of  exempted  ambulances,  they  must  be  employed 
only  as  such,  and  not  in  any  commercial  capacity.  In  the  case 
of  private  ambulances,  they  must  carry  a  distinguishing  sign, 
otherwise  the  policeman  could  issue  a  summons.  The  offender 
would  not  be  convicted  could  he  show  that  the  vehicle  was  only 
used  as  an  ambulance. 

Police  Department. — Motor  driven  vehicles,  other  than 
patrol  wagons,  are  motor  vehicles  within  the  meaning  of  the 
law.  They  have  to  display  a  registration  number  (obtained 
free  of  charge). 

If  Driven  by  a  Civilian. — As  a  substantial  part  of  his  em- 
ployment, he  must  be  licensed  as  a  chauffeur. 

Classes  Licensed. 

Three  classes  of  persons  are  licensed  to  run  motor  vehicles. 
They  are  those  employed  directly  to  drive  a  vehicle;  those  who 
drive  for  hire  and  those  who,  employed  in  another  capacity,  drive 
vehicles  as  a  substantial  part  of  their  employment.  Private 
chauffeurs,  taxi-cab  drivers  and  automobile  salesmen  would  be 
examples  of  each  in  the  order  named. 

A  chauffeur  must  be  licensed,  wear  an  authorized  badge  and 
should  carry  his  licensed  card  with  his  photograph  attached  with 
him  while  driving.  To  operate  without  a  badge,  or  a  fictitious 
one,  or  to  lend  his  license  card  or  badge  to  another  renders  him 
liable  to  be  summoned  to  court. 

Operators  must  be  licensed  if  they  operate  for  ten  days  in  a 
county  wholly  within  a  city.  They  must  be  over  18  to  get  a 

NOTE:     Unlicensed  operators,  residents  of  the  city,  may  operate  therein,  only  with 
a   permit   and   then   not  more   than   30    days. 


200  PRACTICAL  POLICE  WORK 

license,  not  working  as  an  employee  or  for  hire;  carry  their 
license  card,  not  use  another's  nor  permit  his  own  card  to  be 
used  by  another  and  renew  it  annually. 

Owners  and  operators  from  other  States  or  a  foreign  country 
need  not  be  licensed  but  must  wear  the  insignia  of  authority  of 
their  own  State  or  country.  They  get  the  same  privileges  that 
New  Yorkers  receive  in  the  States  from  which  they  came. 

Manufacturers  or  dealers  register  with  the  Secretary  of  State 
every  vehicle  they  intend  to  operate,  get  four  duplicate  plates 
which  are  not  to  be  used  for  hire  or  pleasure.  The  purchaser 
operates  on  the  strength  of  one  of  these  plates  until  he  gets  his 
own,  not  longer  than  five  days.  His  own  must  be  applied  for 
within  twenty- four  hours  after  getting  the  vehicle.  When  he  gets 
his  own  he  returns  the  dealer's.  When  he  sells  his  machine 
the  purchaser  can  operate  on  the  seller's  license  for  ten  days.  A 
person  to  whom  a  machine  is  leased  or  loaned  can  operate  on 
the  owner's  license  for  thirty  days.  A  person  under  eighteen  is 
not  allowed  to  operate  a  car  unless  the  owner  or  a  licensed  chauf- 
feur is  in  the,  car. 

Fifteen  miles  an  hour  within  the  city  and  thirty  miles  in  the 
country  is  the  rate  of  speed  permitted  with  the  following  excep- 
tions : 

School  streets  between  8  A.  M.  and  4  P.  M.  on  school  days, 
10  miles. 

Streets  restricted  by  Police  Commissioner,  8  miles. 

Approaching  bridges,  10  miles. 

Crossing  Brooklyn  Bridge,  8  miles. 

Crossing  any  other  bridge,  15  miles. 

Turning  corners,  4  miles. 

In  outlying  and  sparsely  settled  sections  of  City,  25  miles. 

Crossing  from  garage  or  other  building  across  the  sidewalk, 
not  faster  than  a  horse  walks. 

A  rate  of  speed  between  15  and  20  miles  an  hour  in  ordinary 
sections  of  the  city  is  prima  facie  evidence  of  speeding. 

A  policeman  may  issue  a  summons,  but  the  defendant  would 
not  be  convicted  if  he  could  show  that  such  speeding  did  not 
endanger  any  person. 

Over  20  miles  per  hour — no  such  defense  could  be  offered. 

If  an  owner  is  present  in  a  vehicle  when  the  chauffeur  is 
speeding  he  is  equally  responsible  and  could  be  summoned. 

To  judge  the  speed  of  vehicles  in  parts  of  the  city  where  20 
blocks  constitute  a  mile,  the  vehicle  should  be  timed  from  the 
center  line  of  one  block  to  the  center  line  of  the  next  and  the 


PRACTICAL  POLICE  WORK  201 

number  of  seconds  it  took  divide;!  into  180,  which  will  give  the 
rate  of  speed  per  hour. 

A  careless  or  wreckless  rate  of  speed  cannot  be  maintained 
under  any  conditions.  In  a  dense  crowd  two  miles  an  hour 
might  violate  the  speed  laws. 

After  sunset  and  before  sunrise  two  white  lights  in  front 
visible  300  feet  and  a  red  light  in  rear  must  be  carried.  The  rear 
light  is  to  shine  white  on  the  number  plate  which  should  be  visible 
for  fifty  feet;  two-ton  motor  trucks  limited  to  15  miles  an  hour, 
front  lights  visible  200  feet  and  rear  light  100  feet  away. 

It  is  a  felony  for  the  driver  of  a  motor  vehicle  who  has  an 
accident  or  collision  where  persons  or  vehicles  are  damaged  to 
leave  the  scene  without  identifying  himself  to  the  injured,  to  a 
policeman,  the  police  station  or  the  nearest  judicial  officer.  To 
.escape  the  felony  it  must  be  done  at  once,  not  as  the  result  of 
learning  that  identity  has  been  or  is  likely  to  be  discovered. 

It  is  a  misdemeanor  to  operate  a  motor  vehicle  while  drunk, 
and  a  felony  if  a  second  offense. 

Sound  signals  to  give  warning  must  be  carried  on  all  motor 
cars.  They  are  not  to  be  used  unnecessarily. 

Dense,  heavy  and  continuous  smoke  from  motor  vehicles 
violates  the  ordinances.  Inasmuch  as  this  is  sometimes  difficult 
to  remedy,  policemen  have  to  use  care  and  judgment  in  enforce- 
ment. 

When  a  restive  animal  is  met  on  the  highway  the  motor  ve- 
hicle must  be  stopped  on  a  signal  and  remain  stopped  till  the 
animal  passes.  To  leave  a  motor  vehicle  unattended  on  a  ferry 
is  a  misdemeanor.  The  operator  must  be  within  easy  access. 

To  knowingly  and  unlawfully  have  a  motor  vehicle  from 
which  the  manufacturer's  serial  number  or  other  identifying  mark 
has  been  removed  is  committing  a  misdemeanor. 

Stopping    Motor    Vehicles    When   Passing    Restive   Animals 

Drivers  are  required  to  stop  when  signalled  to  by  the  person- 
in  charge  of  restive  animals,  and  required  to  remain  standing; 
until  the  driver  has  an  opportunity  to  get  away. 

A  person  who  violates  any  of  the  provisions  of  the  Motor 
Vehicle  Law  is  guilty  of  a  misdemeanor — except  leaving  the 
scene  of  an  accident,  etc.,  which  is  a  felony. 

Penal  Law  Violations  Relative  to  Motor  Vehicles 

Unlawfully   taking    or    using   a    motor    vehicle    without   the 


202  PRACTICAL  POLICE  WORK 

owner's  consent  is  grand  or  petit  larceny,  according  to  the  value 
of  the  vehicle.  A  prisoner  charged  with  such  violation  should 
be  taken  to  a  magistrate's  court. 

Motor  Vehicles  on  Ferryboats 

A  chauffeur  or  operator  in  charge  of  a  motor  vehicle  who 
leaves  it  unattended  at  any  time  when  it  is  being  carried  on 
any  ferryboat  operating  in  this  State,  or  between  this  State  and 
another  State,  and  from  or  to  a  city  of  five  hundred  thousand 
inhabitants  or  over,  is  guilty  of  a  misdemeanor.  Within  the 
meaning  of  this  section,  a  motor  vehicle  is  left  unattended  unless 
the  chauffeur  or  operator  in  charge  is  on  or  immediately  near 
such  motor  vehicle  and  at  a  place  which  affords  easy  and  im- 
mediate access  to  the  operating,  guiding  and  braking  appliances. 

Defacing  Identification  Mark  on  Motor  Vehicles 

A  person  who  knowingly  buys,  sells,  receives,  disposes  of, 
conceals  or  knowingly  has  in  his  possession  any  motor  vehicle, 
from  which  the  manufacturer's  serial  number  or  any  other  dis- 
tinguishing number  or  identification  mark  has  been  removed,  de- 
faced, covered,  altered  or  destroyed  for  the  purpose  of  conceal- 
ment or  misrepresenting  the  identiy  of  the  motor  vehicle,  is  guilty 
.of  a  misdemeanor. 


Motorcycle 

No  person  under  16  years  of  age  can  operate  a  motorcycle. 

Every  owner  of  a  motorcycle  must: 

Register  with  the  Secretary  of  State  and  display  on  such 
motorcycle  the  number  plate  in  rear  thereof;  non-resident  own- 
ers excepted. 

Comply  with  the  speed  regulations  in  the  City  of  New  York. 

Be  provided  with  adequate  brakes  and  signal  devices. 

Show  between  sunset  and  sunrise  a  light  or  lights  so  placed 
as  to  be  seen  from  the  front,  rear  and  each  side,  and  of  sufficient 
illuminating  power  to  be  visible  at  .a  distance  of  100  feet 
(ordinance). 

Substance  of  the  Motorcycle  Law  Relative  to  Lights 
From  one-half  hour  after  sunset  until  one-half  hour  before 


PRACTICAL  POLICE  WORK  203 

* 

sunrise,  motorcycles  must : 

Display  white  lights  in  front  visible  at  a  distance  of  200 
feet,  with  passenger;  or  if  without  such  passenger,  etc., 
one  light. 

Display  a  light  in  rear  to  show  red  and  illuminate  the  number 
plate  rendering  the  numerals  thereon  visible  at  a  distance 
of  50  feet. 

Operators  of  motorcycles  injuring  persons  or  damaging  prop- 
erty must  do  any  one  of  the  following  things : 
(a)   Identify  themselves  to  the  person  injured  or  in  charge 
of  the  property  damaged. 

(b)  Identify  themselves  to  a  policeman  in  the  vicinity. 

(c)  Report  the  fact  to  the  nearest  police  station  house. 

(d)  Report  the   fact  to  the  nearest  judicial  officer,  or 
commit  a  felony. 

Animals 

Every  living  thing  except  a  human  being  is  an  animal  under 
the  law.  Animals  are  protected  by  law  from  abuse,  and  viola- 
tions of  the  law  affecting  them  are  misdemeanors  in  all  cases 
except  one.  That  is  the  poisoning  of  domestic  horses,  mules  or 
cattle  which  is  a  felony. 

Man  has  been  known  to  cause  vicious  animals  to  fight  for  his 
own  gratification ;  to  torture  or  cause  pain  to  animals  for  his  own 
benefit,  advantage  or  gratification;  to  deprive  animals  of  food 
and  drink  through  neglect;  to  treat  them  cruelly  in  using  them; 
to  keep  them  impounded  without  sustenance;  to  transport  them 
for  long  distances  without  unloading;  to  run  them  in  a  way  to 
cause  injury ;  to  leave  them  exposed  when  disabled,  and  finally  to 
abandon  them  to  die.  All  these  things  are  misdemeanors  under 
the  law  when  the  impounding  is  more  than  twelve  and  the 
exposure  more  than  three  hours. 

Men  have  also  been  known  to  use  animals  in  such  a  way  as  to 
jeopardize  persons;  to  sell  or  expose  animals  with  glanders  and 
infectious  diseases;  to  sell  the  milk  of  cows  housed  in  unhealthy 
places ;  to  sell  the  food  and  milk  of  cows  diseased ;  to  drive  un- 
controllable abiimals  on  sidewalks;  to  suffer  vicious  dogs  and 
diseased  and  dangerous  domestic  cattle  to  be  at  large ;  to  "doctor"" 
for  sale  horses  and  animals  which  are  ready  to  die ;  to  sell  horses 
at  public  auction  which  it  would  be  cruel  to  work.  These  of- 
fenses are  now  misdemeanors. 


204  PRACTICAL  POLICE  WORK 

When  horses,  sheep,  cattle  or  swine  are  held  longer  than  28 
consecutive  hours  without  food  or  water  in  transportation,  any 
person  may  enter  without  trespass,  feed  or  water  them  and  charge 
the  expense  to  the  owner. 

The  sanitary  code  provides  for  the  quick  removal  of-cleacl  or 
injured  animals,  the  confinement  of  dogs  suspected  of  rabies  or 
of  being  bitten  by  other  dogs,  until  examined  by  an  inspector; 
the  notification  of  the  department  in  case  an  animal  is  suffering 
irom  a  contagious  disease,  or  a  dog  has  bitten  a  person. 

A  citizen  cannot  let  a  dog  run  unmuzzled  at  large ;  dry  in 
public,  the  bedding  of  animals ;  place  an  untagged  dead  horse 
in  the  public  street ;  fill  in  land  with  dead  animals ;  drive  a  horse 
on  the  sidew*alk ;  bring  into  the  city  animals  which  have  been 
exposed  to  infectious  diseases ;  interfere  with  dead  or  sick  ani- 
mals in  the  street  without  the  consent  of  the  police  or  health 
inspector ;  remove  animals  which  died  from  infectious  disease 
without  a  permit  or  convey  animals  tied  by  the  feet  or  bound 
down  by  the  neck. 

In  the  City  of  New  York  a  permit  is  required  from  the  Board 
of  Health  to  keep  cows,  or  to  keep  pigeons,  sheep,  swine,  goats, 
chickens,  geese,  ducks  or  fowls,  except  in  the  farming  sections, 
or  to  keep  dogs  or  other  small  animals  for  sale. 

A  permit  is  required  from  the  Police  Commissioner  to  lead 
or  drive  cattle  through  the  streets,  except  over  a  designated  route 
to  a  slaughter  house. 

The  law  is  enforced  jointly  by  the  police  and  the  Society  for 
the  Prevention  of  Cruelty  to  Animals.  The  police  must  make 
arrests  or  serve  summonses  when  they  see  the  law  violated : 
•officers  of  the  society  may  do  so. 

A  policeman  can  kill  an  animal  under  the  following  conditions : 

1.  If  it  be  a  large,  vicious  and  there  is  imminent  danger  of  its 
injuring  a  person,  or  is  rabid. 

2.  With  the  written  authorization  of  the  owner  or  his  agent 
if  it  be  injured  or  sick. 

3.  If  it  be  wholly  abandoned  in  a  public  place  and  sick  be- 
yond recovery. 

4.  If  it  be  injured  beyond  recovery  in  a  public  place  and 
not  removed  within  three  hours  after  the  owner  has  been 
notified. 

In  the  two  latter  cases  the  policeman  must  get  two  citizens 
to  act  as  witnesses  to  the  necessity  of  killing.  An  officer  of  the 
S.  P.  C.  A.  may  kill  an  animal  which  is.  sick  beyond  recovery  or 
suffering  pain  and  not  properly  cared  for. 


PRACTICAL  POLICE  WORK  205 

A  Department  of  Health  Inspector  may  destroy  any  animal  in 
the  public  welfare's  interest  which  has  an  infectious  disease,  of 
any  animal  in  any  public  place,  within  the  built  up  portion  of  the 
city,  injured  or  diseased  beyond  recovery  and  not  being  properly 
cared  for,  if  not  removed  within  one  hour  after  it  came  to  his 
notice. 

.    Exhibitions 

It  is  a  misdemeanor  for  the  proprietor  or  manager  of  a  place 
to  allow  an  acrobatic  performer  to  give  exhibitions  on  a  trapeze 
without  a  net  or  safety  appliance ;  to  give  exhibitions  of  skill  in 
throwing  a  knife  at  or  towards  another;  or  to  discharge  a  fire- 
arm at  another  person  or  to  allow  contestants  in  a  bicycle  race 
to  continue  for  more  than  twelve  hours  out  of  each  twenty-four 
or  to  permit  surf  bathing  on  a  pay  beach  without  life  boats  or 
life  saving  apparatus. 

QUESTIONS 

How  would  you  act : 

(a)  If  notified  by  telephone  at  2  A.  M.  that  there  were  bur- 
glars in  a  private  house  whose  owners  were  not  in  the 
city  and  that  they  had  an  automobile  in  the  block.     You 
have  two  policemen  to  help  you. 

(b)  If  when  you  went  there  you  saw  the  men  escape  and 
enter  a  house  opposite  while  the  chauffeur  of  the  automo- 
bile escaped. 

(c)  If  the  occupants  of  the  house  into  which  they  went  refused 
to  respond  to  your  demands  for  an  entrance.  Give  rea- 
sons for  your  action. 

When  the  case  of  a  young  girl  who  is  missing  is  reported  to 
the  police  what  general  duty  is  imposed  ugpn  the  police  in  re- 
gard to  that  report?  What  difficulties  lie  in  their  way  as  to  the 
making  an  investigation ;  what  may  they  do  and  not  do  in  their 
prosecution  of  a  search  ?  What  facts  would  help  or  hinder  them 
in  the  course  of  such  an  investigation? 

Mention  all  the  circumstances  under  which  a  person  may  be 
abducted. 

What  help  should  you  give  a  domestic,  armed  with  a  sum- 
mons for  a  former  employer  who  failed  to  pay  wages  for  which 
he  is  civily  liable  to  arrest,  who  complained  to  you  that  she  was 
afraid  to  serve  summons  on  account  of  the  employer's  bad 
Icmper  ? 


206  PRACTICAL  POLICE  WORK 

What  investigations  would  you  make  to  ascertain  the  identity 
of  two  gangs  who  engaged  in  a  pistol  fight  from  automobiles  in 
the  street,  while  the  people  were  so  scared  that  nobody  seemed 
to  get  anything  but  parts  of  the  numbers  of  the  automobiles  ? 

Animal 

What  is  an  animal  under  the  Penal  Law?  Give  five  general 
heads  under  which  crimes  against  animals  can  be  classified. 
What  crimes  against  animals  are  felonies  and  what  not?  Apart 
from  the  criminal  procedure  what  may  be  done  by  policemen 
and  private  persons  for  the  protection  of  animals  against  cruelty  ? 

Arson 

What  elements  must  be  present  to  make  a  crime  one  of  arson  ?• 
What  kinds  of  buildings  or  properties  must  be  concerned  ?  Name 
the  various  ways  in  which  the  crime  may  be  committed.  What 
are  the  full  duties  of  a  policeman  who  detects  a  fire  under  condi- 
tions that  lead  him  to  believe  it  to  have  been  started  criminally? 

Assault 

What  condition  of  mind  must  exist  in  the  aggressor  to  make 
assault  a  felony?  Name  five  specific  acts  which  if  committed 
would  make  assauk  a  felony  and  give  reasons.  (General  state- 
ments will  not  be  accepted.)  When  is  violence  towards  another 
no  crime? 

Burglary 

If  informed  that  a  house  on  your  post  had  been  entered  in. 
the  daytime  and  a  small  quantity  of  property  taken,  and  you  had 
reasons  to  believe  you  knew  the  thief,  what  investigations  would 
you  make  to  determine  whether  or  not  you  could  arrest  him  with- 
out a  warrant;  what  facts  would  lead  you  to  believe  you  could' 
make  such  an  arrest  and  what  not  ? 

A  burglary  occurred  last  night  at  18  West  /2nd  Street.  A. 
w'oman  who  keeps  a  furnished  room  house  on  your  post  over- 
heard snatches  of  conversation,  among  two  of  her  roomers,  which 
leads  her  to  believe  they  committed  the  crime.  She  tells  you 
about  it,  says  they  are  now  in  their  room  and  asks  you  to  arrest 
them. 


PRACTICAL  POLICE  WORK  207 

Give  precisely  the  instructions  you  would  give  the  woman 
concerning  what  she  had  to  do  before  you  could  arrest  them, 
and  describe  your  own  duty. in  the  premises. 

Abandonment  and  Children. 

What  two  conditions  must  be  present  to  justify  a  charge  of 
.abandonment?  What  do  the  following  ages  in  minors  indicate 
when  taken  in  connection  with  crime  by  or  against  them :  18, 
16,  14,  12  and  7?  Classify  under  six  separate  heads  the  ways 
in  which  children  may  be  offended  against  and  crime  committed. 
What  permits  are  given  and  by  whom  in  connection  with  the 
care  of  children  and  what  is  the  purpose  of  requiring  them? 
\Yhat  is  meant  by  an  incorrigible  child  and  what  can  be  done  to 
remedy  the  incorrigibility ?  What  is  an  ungovernable  child? 

Strike 

While  on  strike  duty  a  man  approached  you  and  said  he  was 
one  of  those  on  strike  because  Jones  had  stolen  his  tools,  Smith 
had  threatened  to  do  him  up,  Scott  had  threatened  to  have  him 
boycotted  and  Brown  had  beaten  him.  He  had  had  no  food 
for  himself  or  his  family  and  wanted  to  go  back  to  work  but 
•could  not  because  the  place  was  picketed  by  Smith,  Brown,  Jones 
and  Scott.  What  advice,  assistance  and  protection  would  you 
give  him  at  that  time  and  what  else  would  you  do  in  connection 
with  his  case? 

If  informed  that  during  a  strike  a  committee  was  engaged 
in  writing  anonymous,  threatening  letters  to  weak-kneed  strikers, 
strike  breakers  and  employers  what  would  you  and  what  could 
the  department  do  to  break  up  the  practise,  arrest  and  convict 
the  offenders? 

Homicide,  Riot,  Bribery 

Give  a  comprehensive  enumeration  of  all  the  offenses  classi- 
fied under  the  provisions  of  the  law  forbidding  bribery.  Give 
five  separate  and  distinct  w'ays  involving  five  separate  and  dis- 
tinct kinds  of  officials  or  others  in  which  a  person  may  be 
guilty  of  the  offense  of  giving  or  receiving  a  bribe,  specifying 
the  grade  of  each  crime.  Give  five  ways  in  which  a  police 
officer  may  be  guilty  of  bribery. 

Mention  the  four  kinds  of  homicide  and  classify  them  as  to 


208  PRACTICAL  POLICE  WORK 

the  degree  or  absence  of  crime  involved  in  each  and  giving  art 
appropriate  example  of  each. 

What  is  a  riot? 

What  an  unlawful  assembly?     How  are  they  distinguished? 

What  is  the  police  to  do  to  prevent  a  riot? 

Who  is  to  aid  them  if  called? 

What  are  the  penalties  for  refusal? 

Give  the  circumstances  under  which  force  can  be  used,  and 
those  where  force  is  not  permissible. 

GENERAL  QUESTIONS 

For  what  crimes  are  persons  extraditable  (a)  from  State  to 
State,  (b)  from  a  foreign  country?  What  is  the  method  of 
procedure  followed?  What  procedure  is  provided  when  a  per- 
son charged  with  an  extraditable  offense  is  to  be  arrested,  and 
when  after  being  arrested  he  sets  up  the  claim 'that  he  never 
committed  the  crime,  was  not  in  the  State  where  it  had  been 
committed  at  the  time  of  the  commission  and  is  not  the  person 
mentioned  in  the  papers? 

A  policeman  is  informed  that  A  is  now  in  the  act  of  writing 
a  letter  demanding  the  paymnet  of  a  certain  sum  under  threat 
of  killing  the  person  threatened.  In  substantiation  B,  the  in- 
formant, shows  scraps  of  a  letter  which  A  wrote  and  threw 
away.  The  policeman  knows  that  A  is  in  the  habit  of  walking 
out  and  depositing  mail  at  a  certain  hour  when  he  will  not  be 
on  duty. 

What  can  the  policeman  do?  What  ought  he  to  do  in  such 
a  case  to  prevent  a  crime  and  arrest  the  criminal? 

A  is  confronted  with  this  situation: 

He  wishes  to  marry.  He  has  been  maintaining  meretricious 
relations  with  a  young  woman.  She  threatens  to  inform  his 
fiance  unless  he  pays  her  a  sum  of  money  for  which  she  will 
return  his  letters.  He  agrees  to  pay  and  B  is  employed  as  a  go- 
between.  B  gets  some  letters  for  him  but  says  that  the  girl 
claims  to  have  lost  the  others.  The  girl  writes  A  she  only  got 
part  of  the  money  promised  by  B,  he  saying  he  would  bring  the 
remainder  later.  It  turns  out  B  held  out  on  both  parties  and 
now  threatens  A  with  exposure,  the  girl  too  is  threatening. 

Explain  what  crime  if  any  both  are  guilty  of.  Give  full 
reasons. 

A,  a  stranger  to  the  city,  sits  down  in  a  public  square,  and 
stands  his  $25  gold-headed  cane  against  his  leg  while  he  reads, 


PRACTICAL  POLICE  WORK  209 

the  war  news.  B,  a  gentleman  of  leisure,  comes  along,  admires 
the  cane  and  picks  it  up.  A  grabbed  for  it,  but  B  backed  off 
and  threatened  that  if  A  opened  his  mouth  to  make  a  "holler"  till 
B  escapes,  B  would  beat  out  his  brains  with  the  cane.  A  was 
afraid  and  let  B  get  away.  To  a  policeman  who  came  along,  A 
told  his  story.  The  cop,  from  the  description,  was  reasonably 
certain  of  B's  identity.  He  also  had  a  strong  belief  that  B 
could  be  found  in  a  certain  resort  where  he  might  have  sold 
the  cane  to  a  hanger-out  there.  The  resort  is  not  on  the  cop's 
beat.  Explain  what  the  policeman  could  and  should  do  if  the 
stranger  is  in  a  hurry  to  leave  the  city. 

Apart  from  any  legal  definition,  show  how  lottery  amounts 
to  a  public  nuisance.  If  assigned  to  look  up  a  complaint  that  a 
lottery  authorized  by  the  Government  of  Venezuela  was  con- 
ducted in  this  city,  mlention  all  the  different  ways  in  which  you 
would  assume  that  the  law  could  be  violated,  and  the  circum- 
stances in  each  case  which  would  justify  an  arrest.  Enumerate 
at  least  ten  separate  acts  that  would  amount  to  a  public  nuisance, 
separating  the  felonies  from  the  misdemeanors. 

What  is  a  public  nuisance? 

How1  may  a  person  generally  be  guilty  of  a  public  nuisance? 

What  is  the  difference  between  public  nuisances  and  private 
nuisances  ? 

You  meet  a  girl  of  twelve  on  the  street  carrying  a  can  of 
beer  and  stop  her.  She  says  her  father  lost  his  job  a  month 
before,  left  home  to  search  for  one  and  has  never  returned  or  been 
heard  from.  Her  mother  was  in  the  habit  of  going  out  washing 
and  leaving  no  food  in  the  house.  The  janitor  used  the  child  to 
carry  beer  all  day,  and  mind  the  baby. 

Mention  all  the  ways  in  which  this  child  has  been  offended 
against,  the  persons  who  are  the  offenders,  the  duties  of  the 
policeman,  and  the  provisions  which  the  law  makes  for  this 
child's  protection. 

Classify  such  acts  as  may  be  committed  in  the  City  of  New 
York  under  the  head  of  malicious  mischief: 

(a)  As  felonies; 

(b)  As  misdemeanors. 

If  informed  that  two  dogs  were  then  in  a  certain  barn  ready 
to  engage  in  a  fight,  that  the  spectators  are  assembling  and  the 
fight  will  take  place  in  half  an  hour,  that  the  doors  are  locked 
and  nobody  is  being  admitted  unless  known  or  vouched  for,  that 
nothing  is  visible  from  the  outside,  except  through  a  small  one- 
pane  window  in  the  rear  wfiich  apparently  has  been  overlooked, 


210  PRACTICAL  POLICE  WORK 

and  through  which  the  dogs  and  the  people  may  be  seen.  The 
dogs  are  on  leash  ready  for  action. 

Explain  what  you  should  do  and  how  you  should  proceed, 
the  nature  of  the  violation,  what  should  be  done  with  tne  per- 
sons present  as  well  as  with  the  dogs  both  before  and  after  trial. 

Enumerate  all  the  ways  in  which  a  person  may  violate  the 
Penal  Law  in  his  treatment  of  animals,  specifying  such  as  are 
felonies  and  those  misdemeanors. 

Violations  of  the  election  law  (not  the  primary)  are  either 
felonies  or  misdemeanors.  Draw  a  broad  distinction  between 
the  character  of  such  acts  as  are  felonies  and  such  as  are  mis- 
demeanors. 

(a)  When  the  offender  is  an  official   or  a   person  charged 
with  the  enforcement  or  carrying  out  of  the  law; 

(b)  When  the  offender*  is  a  person  not  so  charged. 

Give  five  examples  of  felonies  and  five  of  misdemeanors, 
both  in  (a)  and  (b). 

What  in  general  would  be  the  duty  of  a  police  officer  on  duty 
at  the  polls  in  the  event  of  any  violation  of  the  election  law  be- 
ing committed? 

What  misdemeanor  renders  the  convicted  inelligible  for  office  ? 

A  clergyman  having  trouble  with  part  of  his  congregation 
asked  to  have  a  policeman  detailed  at  services.  One  of  the 
ringleaders  rose  deliberately  in  the  middle  of  the  minister's  dis- 
course and  walked  down  the  aisle  and  out.  There  was  a  regu- 
lation against  leaving  during  services. 

Another  ringleader  let  out  a  loud  guffau  at  one  part  of  the 
sermon  and  the  usher  invited  him  to  leave  which  he  refused. 

A  third  person  pretended  to  sleep  and  began  to  snore. 

The  Church  authorities  demand  their  arrest  on  the  charge  of 
conspiracy  to  interrupt  the  services. 

What  should  the  policeman  do?  If  he  did  make  arrests  what 
should  the  lieutenant  do?  Discuss  the  case  with  the  law  in  view. 

Suppose  that  while  blasting  on  a  vacant  lot  a  shot  was  fired 
which  broke  several  windows  in  houses  in  the  immediate  neigh- 
borhood, injured  several  persons  living  in  these  houses,  and 
caused  several  horses  to  run  away.  You  are  within  a  block  of 
the  place  where  the  blast  went  off,  and  arrive  in  time  to  see 
several  workmen  lying  on  the  ground  injured,  and  two  others 
who  appeared  to  be  running  away.  Tell  all  you  would  do  under 
the  circumstances,  and  the  order  in  which  you.  would  do  them. 

What  prohibitions  are  provided  against  danger  to  persons 
through  the  exercise  of  dangerous  acrobatics  or  sporting  contests? 


PRACTICAL  POLICE  WORK  211 

You  had  been  a  member  of  the  Boiler  Squad,  and  were  as- 
signed to  patrol  duty  because  of  a  dispute  with  a  deputy  com- 
missioner who  wanted  you  to  pass  a  man  whom  you  considered 
incompetent.  You  then  wrote  a  letter  to  a  Board  of  Engineers 
explaining  why  you  had  been  transferred.  The  letter  gave  an 
entirely  correct  statement  of  facts.  Nothing  in  it  was  falsely 
colored  and  your  object  was  solely  to  set  yourself  right  with 
your  fellow  members  as  an  engineer. 

Is  that  insubordination? 

What  defense  would  you  put  up  if  charged  with  insubordina- 
tion and  conduct  unbecoming  an  officer? 

Would  prosecution  lie  and  if  so  what  would  be  the  charge  in 
each  of  the  following  cases: 

A  pretending  he  had  letters  from  B  in  Canada  asking  for 
workmen  to  be  sent  him  persuades  C  to  go  to  Canada  as  he  ex- 
plained afterwards  "to  be  rid  of  him."  There  was  no  work 
there  and  A  knew  it  for  B's  letter  told  him  so. 

A  pretending  that  a  place  was  open  for  B  as  a  governess  in 
the  West  Indies  sent  her  to  C  who  wanted  her  as  a  mistress  which 
A  knew. 

A  switchman  boasts  that  he  has  left  his  switch  unturned 
and  that  the  three  o'clock  train  was  probably  now  in  the  ditch. 
You  overhear  him  and  take  him  into  custody.  It  transpires  that 
Hivhile  it  was  his  duty  to  turn  the  switch  his  absence  from  post 
was  discovered  and  the  act  done  by  another  workman.  What 
would  be  your  duty  on  discovering  this,  and  why? 

Suppose  you  halt  an  automobile  for  recklessly  running  down 
a  pedestrian  and  making  no  effort  to  give  aid.  The  chauffeur 
hands  you  a  card  reading  "Alfredo  Gomez,  Brazilian  Embassy." 
What  would  you  do  ? 

What  would  you  do  if  the  card  read  "Fred  Clarke,  British 
Consulate."  Explain. 

Suppose  an  old  woman  complained  to  you  that  she  was  friend- 
less and  penniless  without  relatives,  except  a  grandchild,  in  this 
city,  who  was  wealthy.  What  advice  would  you  give  her? 

Explain  the  similarity  between  vagrant  and  tramp  and  the 
ways  in  which  they  differ.  How  is  each  to  be  determined  ?  What 
penalty  or  penalties  attach  to  being  vagrants  and  tramps  ? 

WThat  is  an  habitual  criminal?  What  is  the  penalty  attached 
to  being  an"  habitual  criminal  ?  How  does  it  affect  his  trial  ? 

State  briefly  the  functions  of  the  Grand  Jury.'  Manner  of  its 
selection. 

You  receive  a  telephone  message  to  the  following  effect: 


212  PRACTICAL  POLICE  WORK 

A,  about  to  leave  on  the  Penn.,  is  suspected  of  having  killed 
a  man  in  Connecticut.  A  body  of  the  man  supposed  to  have  been 
killed  has  been  found  in  a  pool  of  water  where  he  had  drowned. 

B  informs  you  he  heard  a  person  being  murdered  in  a  tene- 
ment house,  and  gives  a  circumstantial  account  of  how  the  vic- 
tim's body  was  nailed  in  a  box  and  carted  away  in  dead  of  night. 

C  informs  you -he  heard  an  identified  man  resolve  to  himself 
to  kill  another  and  to  work  out  a  complete  plan  as  to  how  it 
should  be  done. 

D  delivers  to  you  a  prisoner  whom  he  arrested  for  beating 
his  messenger  boy.  D  did  not  see  the  beating,  but  the  boy,  who 
was  cut  badly  about  the  head,  accused  him,  and  the  man  did 
not  deny  it. 

E,  an  officer  from  another  State,  wants  to  deliver  into  your 
custody  a  prisoner  arrested  here  for  embezzlement  in  the  other 
State,  on  a  warrant  issued  there.  He  followed  him  to  the  railroad 
pier,  and  had  no  time  for  anything  else  here.  This  prisoner 
is  passive. 

Should  an  arrest  be  made?     Explain  the  law  in  each  case. 

A  policeman  is  informed  by  a  woman  that  she  had  overheard 
A  threaten  that  on  the  first  opportunity  he  would  blow  the  head 
off  B,  that  he  had  provided  himself  with  a  gun  and  had  given 
^very  evidence  of  an  -intention  to  do  B  grievous  bodily  harm. 

What  is  the  policeman's  full  duty? 

Upon  what  theory  does  he  proceed  to  act  ? 

What  is  the  duty  of  the  courts, 

(a)  In  case  the  charge  is  not  denied? 

(b)  In  case  there  is  a  denial. 
Explain  fully. 

Suppose  an  officer  is  given  a  warrant  to  execute  against  A, 
employed  with  five  others  in  a  sash  factory  on  the  river  front  far 
uptown.  When  A  and  his  associates  see  the  officer  they  barri- 
cade themselves,  refuse  him  admittance  and  jeer  at  him  from  the 
window.  The  officer  fears  if  he  leaves  the  place,  A  will  escape 
across  the  river.  There  is  a  train  of  freight  cars  on  a  siding 
on  which  there  are  three  or  four  men.  These  are  the  only  persons 
nearby. 

Explain  the  officer's  duty,  his  powers  and  responsibilities  in 
the  case,  the  offense  and  penalty  connected  with  those  in  the 
factory,  and  the  duty  of  the  railroad  men.  with  penalties  for 
refusal. 

Suppose  a  domestic  servant  showed  you  a  summons  for  John 


PRACTICAL  POLICE  WORK  213 

Jones,  a  citizen,  who  she  said  owed  her  $15  wages.  It  was 
stamped  with  the  usual  "subject  to  arrest"  and  the  girl  said  she 
was  afraid  to  serve  the  summons,  what  should  you  do? 

How  would  you  distinguish  between  a  felonious  assault  and 
a  simple  assault  in  order  to  comply  with  the  law  in  the  making 
of  an  arrest  ?  Explain  all  the  distinctions. 

John  Smith  disappears  from  his  home  mysteriously.  Two 
days  after  his  disappearance,  the  dead  body  of  a  man  was  dis- 
covered beside  the  railroad  so  mangled  and  disfigured  that  identi- 
fication was  not  made.  The  clothes  of  the  dead  man  were, 
however,  identified  as  those  of  Smith.  Soon  after  Bill  Brown 
tells  the  police  of  having  seen  two  men  carry  a  body  to  the 
place  where  that  mentioned  was  found,  and  deposit  it  there  just 
before  a  train  passed.  These  facts  were  developed  on  investiga- 
tion. Smith's  wife  was  carrying  on  a  liasison  with  Jones,  and 
Smith  knew  something  of  it.  Smith  told  friends  he  was  going 
where  he  could  never  be  found.  Jones,  infatuated  with  Smith's 
wife  disappeared  on  the  night  the  body  was  found. 

Formulate  two  theories  as  a  solution  of  the  case,  and  show 
what  evidence  would  be  needed  to  establish  them. 

What  different  classes  of  persons  are  likely  to  be  guilty  of 
violating  the  law  regulating  the  sale  of  cocaine?  What  is  the 
grade  of  crime  which  each  may  commit? 

Having  reason  to  believe  that  A  was  in  possession  of  cocaine 
in  violation  of  law,,  you  are  about  to  arrest  him  when  he  tells 
you  he  had  a  physician's  prescription  which  authorizes  him  to 
have  the  drugs  in  his  possession.  What  examination  would  you 
make,  and  what  points  would  you  look  into  to  make  certain  that 
a  crime  had  or  had  not  been  committed  before  taking  action  ? 

Suppose  the  complaint "  was  to  the  effect  that  the  law  was 
being  violated  by  a  wholesale  druggist  in  the  selling  of  such 
drugs  to  a  retailer  ?  What  points  should  be  looked  into  ? 


CHAPTER  XII 
Ordinances 

Ordinances,  like  rules  and  regulations  change  constantly. 
There  are  certain  features  of  them  which,  ho\vever,  do  not 
change  and  these  features  should  be  kept  in  ^nind.  When,  they 
are  kept  in  mind  it  is  easy  to  find  out  if  detail  in  regard  to  them 
have  changed.  There  are  at  least  half  a  dozen  rules  in  regard 
to  ordinances  which  ought  to  be  kept  in  mind  constantly  -the 
two  distinctive  classes  into  which  they  are  divided,  the  occasions 
when  the  duty  of  enforcement  is  all  on  the  police  and  the 
occasions  when  it  is  only  partly  on  them;  the  limitations  im- 
posed upon  the  city  in  regard  to  regulating  business  and  profes- 
sions, the  reasons  for  licensing  private  uses  of  the  streets  and 
sidewalks  and  finally  the  necessity  for  ordinances  at  all  when 
the  State  has  the  power  to  make  laws  to  regulate  everything  that 
needs  regulation. 

ORDINANCES— HOW  PASSED  AND  ENFORCED 

It  is  made  the  duty  of  policemen  of  all  grades  to  enforce 
ordinances  as  well  as  laws. 

Ordinances  are  made  by  the  Board  of  Aldermen  to  supple- 
ment the  laws  passed  by  the  Legislature.  They  are  necessary 
because  of  the  multitude  of  matters  that  need  regulation  in  a 
congested  city  like  New  York — conditions  not  found  in  the 
country. 

All  ordinances,  however,  do  not  call  for  the  ordinary  police 
enforcement.  Many  of  them  are  enforced  by  special  inspectors 
from  different  departments.  The  violation  of  £ome  of  them  is  in 
the  nature  of  a  crime,  in  others  a  civil  offense  for  which  a  penalty 
only  is  prescribed  which  the  Corporation  Counsel  can  collect  by 
civil  action. 

A  policeman  is  an  officer  of  the  law.  He  is  specially  charged 
with  the  prevention  of  crime,  and  where  ordinances  exist  whose 
violation  is  a  crime,  the  matter  comes  directly  within  a  police- 
man's duty — provided  the  matter  comes  directly  to  his  attention 

214 


PRACTICAL  POLICE  WORK  215 

or  he  is  specially  charged  by  his  superiors  to  give  attention  to  it. 

Police  of  all  grades  are  generally  charged  with  the  enforce- 
ment of  ordinances,  but  because  the  activities  of  a  patrolman  are 
more  limited  than  those  of  a  captain  in  charge  of  a  precinct,  for 
instance,  it  may  happen  that  a  captain  has  particular  duties  to 
perform  in  connection  with  the  violation  of  an  ordinance  which 
the  patrolman  has  not,  even  though  both  be  charged  generally 
with  the  enforcement  of  all  laws  and  ordinances.  In  other  words, 
the  specific  duty  with  which  a  patrolman  is  charged  comes  ahead 
of  something  else  with  which  he  is  only  generally  charged. 

For  example:  A  policeman  charged  with  the  violation  of 
traffic  might  see  a  store  keeper  violate  ordinances  which  it  would 
be  the  duty  of  a  man  on  patrol  to  correct.  The  traffic  man  would 
attend  to  his  work  of  regulating  traffic  and  leave  the  storekeeper 
to  the  man  on  patrol. 

The  policeman  sometimes  owes  the  duty  of  co-operating  with 
other  departments  in  the  enforcement  of  ordinances.  In  such 
cases  his  duty  is  not  so  exacting  as  in  others  where  the  duty  of 
enforcement  belongs  entirely  to  the  police  . 

In  order  to  know  what  ordinances  a  policeman  must  enforce 
actively  and  what  not,  he  should  first  be  guided  by  the  nature  of 
the  offense.  Is  it  a  crime  or  is  a  penalty  to  be  collected?  With 
the  first  class  he  has  either  direct  or  indirect  connection ;  with  the 
second  class  only  so  far  as  he  may  be  charged  by  his  department, 
not  so  much  as  a  policeman  as  an  employee  of  the  corporation  of 
the  City  of  New  York. 

Next,  is  the  violation  one  that  comes  directly  before  him  or  is 
it  hidden  in  buildings  or  otherwise?  With  the  first  class  lie 
has  direct  duties,  with  the  second  only  indirect. 

Again  does  the  nature  of  the  violation  make  it  necessary  to 
have  technical  or  expert  knowledge  for  its  detection?  If  so  it  is 
generally  not  the  duty  of  a  policeman  to  enforce  it. 

For  example:  If  a  person  were  brought  into  court  for  hav- 
ing his  theatre  imperfectly  ventilated  or  his  tenement  imperfectly 
lighted,  the  person  presenting  such  a  case  before  a  magistrate 
would  require  to  have  expert  knowledge  as  to  ventilation  or 
tenement  house  building  laws,  which  knowledge  might  lie  out- 
side the  domain  of  a  policeman's  knowledge;  therefore  inspec- 
tors with  special  knowledge  of  these  subjects  are  employed  by 
the  municipality  to  look  after  such  cases  and  detect  such  vio- 
lations. Such  inspectors  are  in  the  Tenement  House  Department, 
Fire  Prevention  Bureau,  Building,  Health  and  License  Depart- 
ments. 


216  PRACTICAL  POLICE  WORK 

Enforcement  of  License  Condition 

Policemen  are  intimately  associated  with  matters  requiring  a 
license.  Licenses  are  granted  either  because  the  licensee  is  get- 
ting a  concession  from  the  city  or  his  business  neteds  regulation 
because  it  jeopardizes  morals  or  personal  safety.  The  License 
Department  keeps  inspectors  charged  specifically  with  the  en- 
forcement of  the  law,  but  the  multitude  of  ways  in  which  the 
law  may  be  evaded  can  be  apparent  only  to  the  patrolman  in  touch 
with  conditions.  These  are  constantly  changing. 

A  second-hand  dealer  must  keep  a  record  of  purchases  in 
detail,  buy  only  at  the  designated  place  of  business,  not  from  a 
minor,  apprentice  or  servant  or  suspect  or  at  all  between  6  P.  M. 
and  7  A.  M.  Besides  he  must  keep  his  goods  for  a  week  except 
a  few  articles  of  household  furniture,  etc.,  and  in  case  lost  goods 
are  advertised  corresponding  to  some  in  his  possession,  he  must 
report  the  matter  in  writing  to  the  Police  Commissioner. 

A  junk  dealer  is  regulated  and  his  junk  cart  must  be  marked 
as  such.  His  business  is  to  be  carried  on  at  a  designated  place, 
and  the  restrictions  on  him  are  somewhat  similar  to  those  im- 
posed on  second-hand  dealers.  Junk  boats  were  abolished  during 
the  war  at  the  request  of  the  Navy  Department  owing  to  the 
amount  of  thieving  connected  with  them.  They  may  not  eve<- 
be  licensed  again. 

As  the  adjustments  of  disputes  between  public  cartmen  or 
their  patrons  is  left  to  the  officer  in  charge  of  the  station  the 
policeman  must  know  something  about  their  charges  but  not 
in  detail. 

What  regulations  govern  street  musicians  and  itinerant  mu- 
sicians should  be  part  of  a  policeman's  knowledge. 

It  should  be  remembered  that  violations  of  ordinances  at  fhe'r 
worst  are  only  minor  offenses,  and  violators  of  them  should  not 
be  subjected  to  unnecessary  hardship  in  answering  to  such  vio- 
lations. 

Ticket  Speculators 

The  ticket  speculators'  problem  was  so  vexatious  that  an 
Ordinance  was  adopted  by  the  Board  of  Aldermen  in  December, 
1918,  after  consultation  with  the  District  Attorney  and  Corpora- 
tion Counsel,  which  permits  the  sale,  of  tickets  by  speculators 
under  certain  conditions  and  restrictions.  Tickets  may  be  sold 
from  offices  at  a  profit  of  not  more  than  50  cents  over  the  face 


PRACTICAL  POLICE  WORK  217 

value  of  each  ticket.  A  licensee  may  sell  from  several  'offices 
provided  he  names  such  offices  in  his  application  for  a  license 
to  the  Department  of  Licenses.  The  fee  is  $250  for  a  license 
which  covers  all  his  offices.  No  sales  can  take  place  outside  these 
offices.  Thfcs  Ordinance  applies  to  all  amusements  (including 
.all  theatres)  over  which  the  Department  of  Licenses  has  juris- 
diction. 

Amusements 

Keep  in  mind  the  rule  enunciated  that  neither  the  State  nor  the 
City  has  the  right  to  arbitrarily  regulate  business  unless  that 
there  is  opportunity  for  fraud  or  where  it  is  of  such  a  nature  that 
technical  or  educational  knowledge  is  required  in  order  to  carry 
it  on,  pr  there  is  jeopardy  to  life  and  limb.  The  city  undertakes 
to  regulate  amusements  as  a  business  and  that  is  because  of  the 
opportunities  they  afford  for  moral  degradation. 

Amusements  may  be  divided  into  four  classes,  viz. :  amuse- 
ments of  the  stage,  common  shows,  dance  halls  and  acrobatic 
performances. 

Police  are  concerned  only  with  seeing  that  the  performances 
are  clean,  that  children  under  sixteen  years  are  not  admitted 
unaccompanied  by  guardians  or  parents. 

To  understand  what  a  common  show  is  fancy  yourself  walk- 
ing down  through  the  Bowery  in  Coney  Island  looking  to  the 
right  and  left,  looking  at  "shoot  the  chutes,"  and  the  various  other 
contrivances  such  as  f  err  is  wheels.  A  license  has  to  be  obtained 
before  any  one  of  these  can  be  carried  on  and  all  that  the  police 
is  required  to  know  is  that  the  owner  is  licensed  before  he 
is  allowed  to  conduct  his  business. 

With  acrobatic  performances  and  the  like  policemen  have 
little  to  do.  With  dance  halls  when  an  application  is  made  for  a 
license  to  conduct  one  it  is  referred  to  the  Police  Department. 
The  Commissioner  sends  the  application  to  the  Captain  of  the 
Precinct  to  investigate  the  character  of  the  neighborhood,  the 
character  of  the  applicant,  persons  who  frequent  the  place,  their 
nationality,  whether  or  not  liquor  is  sold,  whether  any  prosecu- 
tions or  convictions  have  been  had  and  various  other  matters. 
These  are  all  to  be  embodied  in  a  .report  and  sent  to  the 
Commissioner  of  Licenses  with  a  recommendation  that  a  license 
is  to  be  granted  or  refused.  It  is  also  to  be  remembered  that 
unguarded  children  under  sixteen  are  not  to  be  admitted  to  dance 
halls,  bowling  alleys,  billianj  rooms  and  that  the  police  are  to  see 


218  PRACTICAL  POLICE  WORK 

that  this  provision  of  the  ordinances  is  carried  out  and  that  chil- 
dren are  not  to  be  employed  in  places  of  amusement  unless  they 
get  a  permit  from  the  Mayor.  There  are  exceptions  to  this 
rule.  The  exceptions  are:  Performances  under  the  auspices  of 
religious  or  charitable  organizations  or  any  organizations  of  an 
uplift  character,  or  where  a  performance  of  any  kind  is  being 
given  under  their  auspices.  Then  can  children  not  only  attend 
them,  but  they  can  also  take  part  in  the  performance  without 
permission.  This  illustrates  the  general  rule  that  amusements  are 
restricted  only  when  likely  to  be  surrounded  by  demoralizing 
influences  and  the  influences  surrounding  performances  of  these 
societies  are  not  only  not  immoral  but  expected  to  be  highly 
moral. 

The  evidence  of  such  violations  is  collected  by  the  Department 
of  Licenses  of  by  semi-public  bodies  like  neighborhood  associa- 
tions and  the  Society  for  the  Prevention  of  Cruelty  to  Children. 
The  requirement  governing  the  admission  of  minors  is  in  the 
penal  code  and  applies  to  all  places  of  public  amusement.  The 
violation  is  common  in  motion  picture  places. 

Most  of  the  duty  which  the  police  have  to  perform  is  per- 
formed on  the  street.  Any  violations  of  the  ordinances  occurring 
on  the  street  must  therefore  occur  openly  and  notoriously  to 
them.  With  these  violations  policemen  are  expected  to  be  espe- 
cially familiar.  Very  many  of  the  ordinances  have  to  do  with 
the  unauthorized  use  of  the  street  by  private  individuals.  It 
must  be  remembered  that  the  City  owns  the  street  from  building 
line  to  building  line. 

Explosives,  Etc. 

While  some  if  not  most  of  the  duties  concerned  with  the 
enforcement  of  the  explosives  lawr  is  vested  in  the  fire  depart- 
ment, yet  it  is  the  duty  of  a  policeman  whenever  he  sees  a  vio- 
lation of  that  law  occurring  openly  and  notoriously  on  the  public 
streets  to  take  suitable  action.  In  this  connection  it  is  well  to 
remember  that  violations  occurring  on  the  waters  of  New  York 
require  a  policeman  to  take  the  same  "action  as  if  the  occurrence 
had  taken  place  on  the  streets  of  New  York.  It  is  therefore  the 
business  of  every  policeman  to  know  the  nature  and  kind  of  ex- 
plosives that  can  be  carried  through  the  public  streets,  the  time 
of  year  when  they  may  not  be  carried,  the  time  of  day  when 
they  must  be  carried,  the  character  of  the  persons  who  must  be 


PRACTICAL  POLICE  WORK  219 

in  charge,  the  character  of  the  wagon,  the  streets  that  they  are 
to  pass  through,  the  amount  to  be  transported.  Similar  provi- 
sions apply  to  the  waters  around  the  Harbor  of  the  City.  Juris- 
diction on  the  harbor  extends  to  the  high  water  line  on  the 
Jersey  side. 

In  the  same  manner  if  an  accident  were  to  occur,  the  police- 
man must  take  action.  The  action  he  takes  is  determined  by  the 
law,  by  the  evidence  and  the  results  of  the  investigation  he 
makes  to  place  the  blame  for  any  damages.  He  must  protect 
life  and  he  must  make  arrests,  if  necessary.  Hence  if  an  impor- 
tant casualty  occur  as  the  result  of  sending  off  of  a  premature 
.blast  it  is  the  duty  of  the  policeman  to  make  various  kinds  of  in- 
vestigations. In  order  to  do  this,  he  must  know  the  conditions 
which  the  blaster  should  comply  with,  because  if  these  conditions 
have  not  been  complied  with  there  is  a 'possibility  that  a  serious 
crime  has  been  committed. 

Policemen  ought  to  know  the  conditions  under  which  fire- 
arms may  be  kept  so  as  to  advise  citizens  who  may  ask  them 
.about  it. 

Fire  hydrants  of  the  city  demand  particular  attention  and 
protection  from  interference;  it  is  the  duty  of  the  police  to 
protect  them.  They  must  not  be  opened  by  citizens  without  a 
permit;  they  must  not  be  obstructed  for  a  distance  of  ten  feet 
on  either  side  either  by  accumulations  of  snow"  or  ice,  refuse  or 
other  matters.  The  building  of  fires  must  be  prevented  within 
15  feet. 

The  fire  alarm  telegraph  system  has  also  to  be  protected  in 
order  that  false  alarms  of  fire  be  not  sent  in.  The  violations  that 
would  come  to  the  attention  of  the  police  in  this  respect  have  to 
do  with  obstructions,  imitations,  kite-flying  and  the  like  which 
would  obstruct  the  sending  of  messages.  Poles  may  not  be 
duplicated  or  other  poles  like  them  built  in  the  near  neighbor- 
hood. No  advertisements  may  be  placed  upon  them. 

Violations  that  would  come  to  the  attention  of  the  police  in 
this  respect  ca.ll  for  the  taking  of  one  of  four  kinds  of  action,  viz. : 
.arrest,  the  serving  of  a  summons/ admonition  and  warning,  ad- 
vice or  instruction,  depending  upon  the  circumstances  and  sur- 
rounding conditions. 

As  has  been  noted  the  State  can  make  restrictions  on  business 
activities  or  professions  only  when  certain  skill  or  education  is 
needed  to  protect  life  or  where  there  are  opportunities  for  fraud. 
The  businesses  most  conspicuously  regulated  are  dealing  in  junk, 
dealing  in  second-hand  goods  or  running  the  business  of  a  pawn 


220  PRACTICAL  POLICE  WORK 

•  » 

broker  and  the  restrictions  regarding  these  three  are  very  simi- 
lar, varying  only  in  some  slight  details.  They  give  opportunities 
for  the  concealment  of  fraud.  Policemen  should  know  the  gen- 
eral restrictions  that  apply  to  all  three  of  them  as  well  as  those 
that  apply  to  only  two  or  one.  Generally  the  restrictions  have 
to  do  with  the  manner  of  purchasing,  the  keeping  of  records, 
supervision,  the  persons  that  may  be  traded  with,  the  care  that 
has  to  be  exercised  when  goods  are  reported  as  stolen  by  the 
police  and  the  articles  that  may  not  be  dealt  in  at  all. 

Hackmen  are  licensed  both  because  they  use  city  property, 
viz. ;  the  streets  and  because  otherwise  they  offer  opportunities 
for  fraud  and  crime.  Hotel  keepers  and  others  that  heretofore 
had  a  monopoly  of  the  use  of  the  public  streets  for  hacks  now 
have  it  no  longer.  All  hack  owners  who  obtain  a  license  have 
equal  opportunities  in  the  streets.  They  must,  however,  comply 
with  certain  regulations  as  to  the  parts  of  the  city  occupied,  the 
way  in  which  they  may  solicit  and  not  solict,  the  places  they  may 
stand  and  the  number  that  may  stand  there,  the  signs  that  are  to 
be  displayed  inside  and  outside  the  hack,  the  means  they  may 
take  to  protect  themselves  against  irresponsible  hirers  and  the 
things  they  must  do  in  case  anybody  disputes  the  amount  of  the 
fare. 

On  the  Police  Department  is  imposed  the  duty  to  see  that  these 
ordinances  are  lived  up  to,  and  the  desk  officer  has  the  duty  of 
settling  any  disputes  in  regard  to  fares.  Hence  the  necessity  of 
having  every  policeman  thoroughly  familiar  with  every  provision 
of  the  hack  regulating  ordinance.  These  are  constantly  changing 
in  detadls. 

As  has  been  said  the  streets  of  the  city  belong  to  the  public. 
The  public  is  entitled  to  the  free  and  unrestricted  use  .of  them. 
It  is  only,  therefore  -when  the  public  can  be  better  served  thab 
private  persons  have  the  right  to  carry  on  private  business  in 
the  street.  Before  any  such  use  of  them  can  be  made,  however, 
a  permit  or  a  license  must  be  obtained.  This  use  must  also  be 
regulated  so  that  the  public  may  not  suffer.  Franchises  apply  to 
the  use  of  the  real  estate  in  the  streets  given  over  to  public  ser- 
vice corporations  for  a  consideration  paid  the  city  and  also  in  con- 
sideration of  their  performing  the  obligation  they  contracted  for. 

Franchises  are  granted  by  the  Board  of  Estimate  for  a  period 
of  years. 

It  is  with  the  question  of  licenses  that  the  police  have  mostly 
to  deal.  A  permit  is  a  kind  of  license.  A  license  is  mostly  but 
not  always  for  a  longer  time/,  generally  for  a  stated  period  and 


PRACTICAL  POLICE  WORK  221 

sometimes  carries  with  it  a  property  interest  that  may  be  dis-' 
posed  of,  under  certain  conditions.  The  line  between  licenses 
and  permits  is  not  well  denned.  They  overlap.  It  is  the  business 
of  the  police  to  know  the  kinds  of  business  that  may  be  carried 
on  in  the  public  streets,  the  restrictions  that  are  imposed,  the 
time  of  day  when  they  can  be  carried  on  and  so  forth;  the 
streets  that  must  be  avoided ;  the  institutions  that  must  not  be 
annoyed ;  private  buildings  that  must  be  avoided ;  things  that 
must  not  be  done  at  night;  the  reasons  why  they  may  not  be 
clone ;  the  protection  that  certain  institutions  are  to  receive ;  who 
has  the  power  to  protect  them;  the  kind  of  protection  they  get; 
the  duty  imposed  on  the  police  to  enforce  these  ordinances  and 
regulate  these  businesses.  The  details  of  these  vary  from  time 
to  time. 

The  reason  why  the  city  can  grant  a  license  should  not  be 
forgotten : 

1.  A  concession  is  granted  by  the  city  and  charged  for. 

2.  The  business  needs  to  be  regulated. 
A  business  should  be  regulated : 

1.  When  it  offers  opportunities  for  fraud. 

2.  When  it  is  liable  to  jeopardize  morals. 

3.  When  it  makes  life  and  limb  unsafe. 

Parks  are  very  important  to  the  city.  Special  ordinances  are 
made  for  their  protection..  Generally  speaking  these  ordinances 
enumerate  restrictions  as  to  the  uses  that  may  be  made  either  of 
the  roadways  or  of  the  park  proper,  the  uses  that  may  not  be 
made  and  to  the  restrictions  that  apply  to  the  flowers  and  the 
trees. 

Parks  are  designed  to  look  beautiful,  to  contribute  to  the 
pleasure,  good  health  and  recreation  of  the  public.  Trees  and 
shrubs  and  plants,  if  not  well  kept,  lawns  not  constantly  watered 
will  not  look  green  or  pleasing  or  cheerful. 


CHAPTER  XIII 
QUESTIONS  ON  ORDINANCES 

1.  In  what  public  places  (a)  may  advertising  matter  not  be 
placed?     (b)   What  parties  only  can  conduct  public  worship  in 
the  street?     (c)  When  can  a  lounger  be  made  to  move  on? 

2.  What  constitutes  unnecessary  noises  in  the  public  streets  ? 
Who  must  be  injured  before  the  ordinances  are  violated  and  how? 
What  institutions  get  special  protection?    What  is  the  nature  of 
that  protection? 

3.  Specify  the  encumbrances  which  are  to  be  removed  by  the 
street  cleaning  department  and  those  that  may  be  removed  by 
the  Borough  President.     Give  the  rules  of  the  road  as  to  age 
limit  of  driver,  lights  to  be  carried,  right  of  way,  method  of 
turning,  speed,  signals,  standing  at  curb,  and  obstruction  of  traf- 
fic as  provided  by  the  ordinances. 

4.  What  are  the  objections  to  keeping  animals  without  re- 
strictions in  New  York  City?    What  health  destroying  matter  is 
not  permitted  in  the  public  streets  ?    Who  has  charge  of  the  duty 
of  enforcing  these  ordinances?    What  have  the  police  to  do  with 
those  things? 

5.  Before  a  person  may  encumber  a  street  or  sidewalk  what 
must  he  do?  For  what  purpose  may  the  street  be  encumbered? 
In  what  manner  and  to  what  extent,  under  whose  supervision? 
Under  what  conditions  can  stands  be  on  the  sidewalk  and 
under  elevator  stairs  ?  Give '  restrictions.  What  vehicles  may 
not  be  left  in  the  public  street ;  what  are  the  restrictions.  What 
departments  enforce  these  ordinances?  What  is  the  police  duty 
in  regard  to  such  enforcement? 

i.  What  is  meant  by  the  "building  line"  on  a  street?  What 
by  the  stoop  line?  To  whom  does  the  place  included  between 
these  two  lines  belong?  Under  what  circumstances  can  projec- 
tions extend  beyond  the  building  line?  Enumerate  generally  the 
kinds  of  projections  which  may  extend  beyond  the  building  line 
and  give  the  rule  governing  such  projections,  the  departments 
that  regulate  them  and  the  duty  of  a  policeman  on  post  who  sees 
a  structure  being  projected. 

222 


PRACTICAL  POLICE  WORK  223 

2.  Whenever  the  owner  of  a  building  undertakes  to  erect  or 
alter  a  four-story  building,  what  duty  is  imposed  upon  the  po- 
liceman on  post  for  the  protection  of  the  general  public  against 
accidents,  and  the  adjoining  building  from  collapse? 

3.  To  whom  do  the  streets  belong?     On  what  theory  are 
certain  parties  permitted  to  use  the  public  streets  under  restric- 
tions?   What  uses  can  be  made  of  the  space  between  the  build- 
ing line  and  stoop  lines?     Under  what  restrictions?     State  gen- 
erally and  specifically  the  uses  that  owners  can  make  of  the  fronts 
of  their  buildings,  and  the  conditions  to  be  complied  with   in 
making  use  of  such  privileges?    What  private  uses  can  the  road- 
bed of  public  streets  be  put  to?    What  conditions  must  a  person 
making  use  of  the  privilege  to  occupy  a  public  street  for  business 
comply  with  before  he  can  begin  to  use  it?     What  restrictions 
are  imposed  upon  him  afterwards  in  respect  to  (a)  the  streets  he 
may  occupy  (b)  the  business  he  may  conduct  (c)  the  hours  he 
can  use  them  (d)  the  incidental  conditions  he  must  look  out  for? 
What  departments  are  charged  with  the  duty  of  enforcing  these 
conditions  and  how  are  the  duties  divided? 

4.  The  Princess  Helene  flying  the  English  flag  is  anchored  in 
the  bay;  the  Dupont  Powder  Co.  sends  a  cargo  of  gun  cotton 
and  nitro  glycerine  by  way  of  the  Pennsylvania  Railroad.    Owing 
to  congestion  in  Jersey  City  it  is  sent  through  the  tunnel  at  night 
and  back  again  without  consulting  the  city  authorities.     Several 
tons  are  loaded  on  lighters  and  carried  to  the  ship;  one  lighter 
has  loaded  her  cargo  another  is  tied  to  the  steamship  and  the 
third  is  standing  ready  to  load,  when  you  learn  what  has  taken 
place.    What  laws  have  been  violated,  by  whom  and  in  what  par- 
ticulars?   Give  the  appropriate  police  action. 

5.  Before  a  blasting  operation  is  undertaken  what  sort  of 
person  must  be  put  in  charge,  what  must  he  do  and  not  do,  be- 
fore and  after  each  charge?     At  what  hours  may  he  not  blast? 
What  acts  if  committed  by  a  blaster  would  justify  action  by  the 
police?    What  sort  of  action? 

i.  What  kind  of  firearms  can  a  citizen  keep  or  carry  with- 
out a  permit?  What  must  he  do  to  keep  or  carry  a  sawed-off 
musket,  revolver,  fowling  piece  to  shoot  with  ?  Can  an  alien  keep 
or  carry  firearms?  If  so,  under  what  circumstances?  What 
offense  is  committed  in  the  violation  of  this  law?  What  is  a 
toy  pistol  as  defined  by  the  ordinance? 

•  2.  What  should  you  do  if  you  saw  a  citizen  attach  a  hose  to 
a  fire  hydrant  and  sprinkle  his  lawn?  Remove  snow  from  the 
sidewalk  and  pile  it  twelve  feet  from  a  fire  hydrant?  A  boy 


224  PRACTICAL  POLICE  WORK 

open  a  fire  alarm  box?  A  boy  fly  a  kite  alongside  a  telephone 
wire,  two  boys  build  bonfires,  one  on  the  street  15  feet  from  the 
fire  hydrant,  the  other  on  a  lot  ten  feet  on  the  other  side? 
Explain.  N 

3.  What  should  you  do  if  you  saw  a  store  newly  opened  on 
your  post  with  the  sign  old  gold  and  silver  bought  and  sold  here  ? 
If,  when  you  made  inquiries,  you  saw  a  man  who  spoke  to  you 
in   Yiddish   and   showed   a   book   with   Yiddish   entries ;    if   you 
learned  that  the  place  was  a  sort  of  general  store,  where  goods 
were  taken  on  pledge  and  junk  dealt  in,  that  the  proprietor  was 
a  philanthropist  who  charged  his  customers  only  ten  per  cent  a 
year  on  pledged  articles,  was  honest  and  paid  good  prices  for  his 
purchases;  assume  all  this  to  be  true,  discuss  the  case  and  state 
your  duty. 

4.  Where  only  may  hack  stands  be  located?    Who  can  pre- 
vent the  location  of  a  stand  ?    Who  must  be  carried  and  who  may 
hot?     What  signs  must  be  displayed  inside  and  outside?     How 
may  drivers  solicit  and  where  not?    What  are  the  rates?    Who 
settles  disputes  and  how  ? 

5.  Name  ten  acts  which  if  performed  on  the  roadways  of 
parks  would  violate  the  ordinances,  and  ten  others  which  if  com- 
mitted elsewhere  would  be  violations. 

6.  Having  in  mind  solely  the  protection  of  the  public  from 
accident  what  things  are  individuals  prohibited   from  doing  on 
the  streets  and  sidewalks  of  the  city. 

7.  What  parties   are   charged  with  the  duty  of  protecting 
the  public  from  the  inconvenience  of  falling  snow  ?    What  part 
of  this  duty  is  assigned  to  each?     What  duty  has  the  police  to 
perform?    What  is  the  manner  of  its  performance?    What  dis- 
cretion has  the  police? 

Questions  and  Answers  (Licenses) 

Q.  Can  you  mention  the  articles  which  persons  can  sell  at 
second-hand  without  requiring  a  Second-hand  Dealer's  License? 

A.  Pianos,  books,  magazines,  rugs,  tapestries,  burlaps,  paint- 
ings, drawings,  etchings  and  engravings  and  the  first  purchase  or 
sale  of  imported  second-hand  articles. 

Q.     What  records  are  a  Second-hand  Dealer  required  to  keep? 

A.  He  must  keep  a  book  recording  every  purchase  and  sale ; 
a  description  of  each  article  purchased  or  sold,  with  any  numbers, 
monograms,  or  distinguishing  marks  thereon;  the  name,  address, 
and  general  description  of  each  purchaser  or  seller ;  the  date  and 


PRACTICAL  POLICE  WORK  225 

hour  of  purchase  or  sale ;  and  in  the  case  of  a  pawnticket,  the  full 
description  of  the  article  as  it  appears  on  the  ticket,  with  the  ticket 
number. 

Q.  What  is  a  Second-hand  Dealer  required  to  furnish  to  the 
Police  Commissioner? 

A.  When  served  with  a  written  notice  to  do  so,  he  shall 
report  on  blank  forms  a  copy  of  records  of  purchases  and  sales 
for  the  period  certified  in  the  notice.  He  must  give  all  necessary 
information  concerning  goods  dealt  in  by  him  to  the  police. 

Junk  Dealers 

Q.  What  restrictions  does  the  Code  of  Ordinances  place 
upon  a  Junk  Dealer? 

A.  It  prohibits  him  (i)  from  dealing  in  junk  without  hav- 
ing procured  a  license  from  the  Department  of  Licenses — fee 
$20  and  a  bond  of  $250;  (2)  from  carrying  on  business  at  any 
place  other  than  the  place  designated  in  the  license;  (3)  from 
buying  goods  from  a  minor,  servant,  or  apprentice,  or  from  any 
person  between  the  hours  of  6  P.  M.  and  7  A.  M.,  or  (4)  from 
being  a  pawnbroker  or  second-hand  dealer. 

Q.  What  does  the  Code  of  Ordinances  require  a  Junk  Dealer 
to  do  in  regard  to  keeping  records  ? 

A.  It  requires  him  to  keep  a  book  recording  every  purchase 
and  describing  every  article  purchased,  with  the  name,  address 
and  general  description  of  the  person  from  whom  the  purchase 
was  made ;  if  the  articles  were  purchased  from  a  scow,  coal-boat, 
lighter,  tug,  or  other  marine  vessel  to  record  its  name  and  the 
name  and  address  of  the  owner,  and  to  keep  these  records  open 
to  inspection  of  the  police  and  inspectors  of  licenses  and  to  fur- 
nish reports  to  the  police  when  required. 

Q.  What  else  is  licensed  in  connection  with  junk  dealing 
besides  a  junk  shop? 

A.  Junk  carts — $5  each.  Every  junk  cart  must  show  on  the 
outside  the  words  "Junk  Cart,"  and  no  person  shall  collect  junk 
except  by  these  means. 

Q.     What  is  meant  by  junk? 

A.  Old  rope,  old  iron,  copper,  tin,  or  lead,  rags,  slush,  old, 
paper,  brass,  rubber,  bagging  or  empty  bottles. 

Q.  Must  an  auctioneer  have  a  second-hand  dealer's  license 
when  he  auctions  second-hand  goods? 

A.  If  he  sells  his  own  goods,  yes ;  if  he  sells  goods  for  some- 
body else,  no;  in  this  case  his  auctioneer's  license  being  sufficient. 


226  PRACTICAL  POLICE  WORK 

Q.  Can  a  blind  person  sell  goods  or  newspapers  or  play 
musical  instruments  without  a  license? 

A.  He  can  if  a  citizen  of  the  United  States,  receive  a  license 
free  of  charge  from  the  Mayor  Jo  peddle  or  vend. 

Q.  What  may  a  veteran  sell  which  would  require  a  license 
from  the  Department  if  he  were  not  a  veteran  and  under  what 
conditions  can  he  sell? 

A.  A  veteran  of  the  Civil  or  Spanish  war  may  get  a  permit 
from  the  County  Clerk  of  his  county  to  peddle,  vend,  or  sell  by 
auction  his  own  goods  or  merchandise.  This  authority  is  given 
under  Art.  4  of  the  Business  Law  of  the  State.  But  the  veteran 
cannot  keep  a  stand  on  the  sidewalk  without  a  license. 

This  privilege  is  now  extended  to  veterans  of  the  World  War. 

NOTE. — This  privilege  is  now  extended  to  veterans  of  the 
World  War  and  widows  of  all  such  veterans  if  they  reside  in 
New  York  State.  Under  the  State  law  a  veteran  can  get  a  free 
license  from  the  County  Clerk  of  his  county  to  peddle  anywhere 
and  he  is  not  interfered  with  unless  he  comes  in  conflict  with  some 
local  restriction.  But  so  many  soldiers  returned  from  Europe 
are  engaged  in  peddling  that  some  new  local  regulation  may 
become  necessary. 

Pawnbrokers 

Q.  Who  licenses  and  regulates  pawnbrokers,  and  what  re- 
strictions does  the  licensing  impose  ? 

A.  Pawnbrokers  are  licensed  by  the  Department  of  Licenses, 
and  charges  against  them  are  heard  by  the  Commissioner  of 
Licenses.  They  are  licensed  under  the  General  Business  Law 
of  the  State.  The  license  fee  is  $500,  and  a  bond  of  $10,000  is 
required.  Pawnbrokers  must  keep  entries  of  all  transactions. 
The  rate  of  interest  is  limited  to  3  per  cent,  a  month  or  fraction 
of  a  month,  for  the  first  6  months,  and  2  per  cent,  for  each  suc- 
ceeding month  for  any  loan  under  $100,  but  i  per  cent,  less  for 
any  loan  over  $100. 

A  pawnbroker  cannot  purchase  any  second-hand  furniture, 
metals,  clothing,  or  any  other  article ;  cannot  in  fact  be  a  second- 
hand dealer.  He  must  keep  all  pledged  goods  one  year  before 
selling,  and  all  such  sales  shall  be  published,  and  be  at  public 
auction  conducted  by  a  licensed  auctioneer.  Hours  are  re- 
stricted, etc. 

Second-Hand  Dealers,  Etc. 

Old  clothes  men,  by  a  recent  amendment,  are  now  licensed 


PRACTICAL  POLICE  WORK  227 

as  Second-hand  Dealers  although  they  have  no  fixed  place  of 
business.  Their  licenses  bear  their  home  address  and  their  fee 
is  $5,  All  dealers  in  clothing  consequently  get  a  license  for  $5 
although  the  regular  S.  H.  D.  license  is  $15. 

O.  What  information  should  a  police  captain  or  police  in- 
spector give  when  he  is  required  to  report  on  an  application  for 
a  dance  hall  license,  which  application  is  made  to  the  Department 
of  Licenses  and  referred  to  the  Police  Commissioner  for  his 
report  ? 

A.  He  should  report  on  the  proximity  of  the  liquor  saloon, 
if  liquor  is  sold  on  the  premises,  whether  the  hall  is  rented  for 
public  or  private  dances,  the  manner  of  charging  'for  admission, 
the  nationalities  and  character  of  the  persons  patronizing  the 
dance  hall,  the  general  reputation  of  the  place,  the  records  (from 
the  arrest  record)  if  any,  as  to  arrests  and  convictions  either  in 
relation  to  the  conduct  of  the  premises,  or  the  record  of  the  per- 
sons conducting  the  hall,  and  a  general  recommendation  (in  case 
of  the  Inspector  of  Police)  as  to  whether  or  not  the  license  should 
be  granted. 

Q.  Mention  the  restrictions  or  prohibitions  placed  upon  a 
person  or  firm  licensed  as  a  Second-hand  Dealer — the  things  that, 
under  the  ordinance,  he  is  not  allowed  to  do. 

A.  Second  hand  dealers  cannot  buy  goods  from  a  minor,  ap- 
prentice, or  servant,  knowing  him  to  be  such ;  cannot  buy  them 
between  6  P.  M.  and  7  A.  M. ;  cannot  sell  small  articles  unless  he 
has  had  them  in  his  possession  a  week;  not  engage  in  business 
as  a  pawnbroker  or  junk  dealer,  nor  can  such  second-hand 
dealer  use  pawnbrokers'  signs  c/r  lead  people  to  believe  he  is  a 
pawnbroker. 

The  following  matters  have  been  called  to  your  attention  offi- 
cially; if  they  constitute  violations  of  the  law  state  in  what  re- 
spect they  do  and  state  the  action  you  should  take  in  each  case: 

(a)  A  man  informs  you  that  John  Doe  deals  in  second-hand 
automobile  tires  and  has  no  license  as  a  second-hand  dealer.    You 
call  at  John  Doe's  store  and  he  tells  you  that  he  sells  new  tires 
and  occasionally  accepts  a  second-hand  tire  in  part  payment  for  a 
new  tire  and  that  in  any  event  these  second-hand  tires  being 
accepted  by  him  in  exchange  for  new  ones,  the  ordinance  making 
an  exception  in  the  case  of  exchanges  of  merchandise,  no  license 
is  necessary  in  his  case. 

(b)  You  are  informed  by  a  citizen,  and  you  find  it  a  fact, 
that  a  man  has  just  opened  a  store  for  the  sale  of  second-hand 
books;  and  that  he  is  selling  them  without  a  license.     You  pur- 


228  PRACTICAL  POLICE  WORK 

chase  a  book  which  he  admits  to  be  second-hand. 

(c)  A  hat  dealer  collects  old  hats  by  purchase  and  otherwise, 
sends  them  to  a  factory,  has  them  renovated,  re-banded  and  en- 
tirely remade.     He  sells  them  as  factory  "seconds."     He  has  no 
license  as  a  second-hand  dealer. 

(d)  A  jeweler  advertises  a  sale  of  second-hand  Swiss  watches, 
a  large  shipment  of  which  he  has  just  received  from  Switzerland. 
He  has  no  license  as  a  second-hand  dealer. 

(a)  Up  to  a  recent  period  this  man  would  be  summoned  to 
court  for  failure  to  have  a  license.     But  under  a  late  ruling  of 
the  Corporation  Counsel  this  method  of  exchange  is  not  regarded 
as  transactions  which  come  under  the  ordinance. 

(b)  Books  exempted. 

(c)  Summons  to  court.     They  are  second-hand  hats. 

(d)  Exempted. 

Give  answers  to  the  following  questions  based  upon  the  new 
ordinance  licensing  and  regulating  Masage  Institutions  and  Oper- 
ators now  in  force : 

(a)  State  the  objects  of  the  law,  the  purpose  for  which  it 
was  enacted,  and  the  provisions  made  for  its  enforcement. 

(b)  Name  the  classes  of  establishments  and  persons  who  are 
specifically  excluded  from  its  regulation. 

(c)  What  is  the  principal  prohibition  placed  upon  massage 
operators  who  are  duly  licensed  under  this  ordinance? 

(d)  If  you  are  informed  that  a  woman  known  to  be  a  nurse 
is  operating  as  a  Masseuse  without  having  a  license  what  steps 
would  you  take  to  discover  whether  or  not  she  is  violating  the 
law? 

(e)  What  is  required  by  the  law  to  show  that  a  place  where 
massage  can  be  given  legally  is  a  duly  licensed  place? 

(a)  Object  is  to  prevent  disorderly  houses  being  conducted 
under  the  guise  of  massage  parlors  and  to  permit  police  super- 
vision over  all  such  licensed  places.    Massage  to  be  practised  only 
by  qualified  and  licensed  masseurs.     The  general  purpose  is  the 
suppression  of  disorderly  houses.     The  Police  Department  and 
the  Department  of  Licenses  have  jurisdiction  over  massage  places 
within  the  rules  and  regulations  laid  down  by  the  Board  of  Alder- 
men and  such  future  amendment  to  these  rules  as  may  be  en- 
acted by  the  Board  of  Aldermen. 

(b)  Hospitals,  sanitariums  and  bathing  establishments  (such 


PRACTICAL  POLICE  WORK  229 

as  Turkish  bath  establishments)  are  specifically  exempted.  Bar- 
ber shops  which  give  facial  massage  only  are  not  included. 
Nurses  and  osteopaths  are  exempted  from  the  necessity  of  being 
licensed  and  such  persons  as  chiropractics,  who  do  not  actually 
give  massage,  can  be  exempted. 

(c)  No  operator  can  treat  a  person  of  the  opposite  sex,  except 
on  the  signed  order  of  a  licensed  physician,  and  this  order  shall 
state  the  number  of  treatments,  but  the  number  of  treatments 
may  be  exceeded  if  given  in  the  residence  of  the  patient,  the  office 
of  a  physician  or  in  a  hospital  or  sanitarium. 

(d)  I  would  require  evidence  that  she  was  a  graduate  nurse 
and  if  she  could  not  prove  the  possession  of  a  certificate  showing 
she  was  registered  as  such  and  also  engaged  in  the  profession 
of  nursing.    I  would  hold  that  she  was  practising  massage  with- 
out a  license.     Of  course  evidence  of  this  would  be  required  to 
bring  about  a  conviction.  - 

(e)  The    law    requires    that    each    operator    and    institute 
display  a  sign  having  the  words  "Licensed  Masseur,"  "Licensed 
Masseuse,"  or  "Licensed  Massage  Institute,"  as  the  case  may  be. 
Every  operator  must  be  21  years  of  age  or  over  and  must  present 
satisfactory  references,  which  must  be  verified  before  the  license 
is  issued. 

LICENSE   (Continued) 

U-" 

Q.  What  is  the  difference  between  a  licensed  express  and  a 
licensed  public  cart? 

A.  The  express  license  is  used  by  the  owners  of  vehicles 
which  carry  packages  and  parcels  throughout  the  city  for  pay; 
the  public  cart  license 'is  issued  to  those  who  cart  goods  by  the 
load.  The  express  license  is  $5,  and  the  public  cart  license  is 
from  $2  to  $5 ;  that  is,  public  carts  drawn  by  horses  have  a  $2 
license,  and  motor  driven  carts  require  a  $5  license. 

O.  What  does  the  Code  of  Ordinances  provide  in  reference 
to  the  charges  which  may  be  levied  for  the  transportation  of  goods 
by  both  expressmen  and  public  carts? 

A.  In  the  case  of  expressmen  there  is  a  fixed  rate  for  deliv- 
eries for  eacli^  piece  of  baggage,  namely,  40  cents  a  piece  for  5 
miles;  55  cents  for  10  miles,  and  75  cents  for  15  miles;  but,  if 
the  expressman  delivers  goods  from  one  borough  to  another, 
one-half  these  rates  may  be  charged  in  addition.  This,  however, 
is  the  legal  rate.  Special  terms  can  be  made  between  the  express- 
man and  the  customer  if  they  so  desire. 


230  PRACTICAL  POLICE  WORK 

In  the  case  of  public  cartmen,  the  charges  are  usually  agreed 
upon  in  advance,  in  which  case  it  is  the  duty  of  the  licensed  cart- 
man  to  furnish  a  written  memorandum  signed  by  both  parties. 
But  where  there  is  no  agreement  of  this  nature  a  schedule  of 
prices  is  provided  in  the  ordinances:  viz.,  $1.25  an  hour  for  a 
one-horse  vehicle;  $1.50  an  hour  for  a  two-horse  vehicle;  $1.75 
an  hour  for  a  small  motor  truck,  and  $2.50  an  hour  for  a  large 
motor  truck.  A  charge  of  50  cents  an  hour  for  each  man  em- 
ployed not  more  than  three  in  addition  to  the  driver  is  allowed. 
If  a  piano  is  included  in  the  load,  there  may  be  an  additional 
charge  of  $1.50,  and  if  a  piano  is  transported  separately  a  charge 
of  $3  for  three  miles  can  be  made,  and  50  cents  for  each  addi- 
tional mile.  Additional  charges  are  allowed  for  hoisting  pianos. 

Disputes  as  to  charges  by  a  public  cartman  are  to  be  adjusted* 
by  the  police  officer  in  charge  of  the  nearest  police  station,  and 
if  the  parties  do  not  agree  to  his  decision,  a  sufficient  amount  of 
the  load  to  secure  payment  is  taken  to  the  nearest  storage  ware- 
house and  a  statement  of  the  case  sent  to  the  Department  of 
Licenses  for  adjustment. 

Q.  Can  you  mention  any  restriction  placed  on  the  owner  of 
an  express  wagon  that  is  not  placed  on  the  owner  of  a  public 
cart? 

A.  Every  express  wagon  driver  must  have  a  license  as  such, 
paying  $i  a  year  for  the  same,  and  his  application  for  a  license 
must  be  endorsed  by  two  reputable  citizens  before  it  is  granted. 
An  expressman  employing  an  unlicensed  driver  can  be  sued  for 
$10  penalty  for  each  offense.  Every  expressman  must  give  a 
bond  of  $100  for  each  express  wagon  in  use.  This  is  not  required 
in  the  case  of  owners  of  public  carts. 

Q.  What  does  the  Code  of  Ordinances  require  to  show  that 
licensed  express  wagons  arid  licensed  public  carts  are  public 
carriers  ? 

A.  It  requires  each  express  wagon  to  have  the  words  "Ex- 
press" or  the  abbreviation  "Exp."  on  both  exterior  sides  of  the 
wagon.  Public  carts  shall  have  similar  signs  (the  words  "Public 
Cart")  and  each  vehicle  shall  have  the  license  number. 

Q.  What  is  a  dirt  cart  as  described  in  the  Code  of  Ordi- 
nances, and  what  is  required  in  the  operation  of  one? 

A.  Any  vehicle  transporting  dirt,  sand,  gravel,  clay,  ashes, 
garbage,  rubbish,  or  paving  stones  is  deemed  to  be  a  dirt  cart. 
But,  according  to  the  ordinance,  if  it  has  the  owner's  name  and 
address  in  letters  and  figures  three  inches  high  it  is  not  deemed 
to  be  a  dirt  cart.  It  must  be  licensed  (fee  $i)  and  have  a  tight 


PRACTICAL  POLICE  WORK  -  231 

box  at  least  18  inches  high  and  securely  covered  when  loaded, 
so  that  the  contents  shall  not  scatter. 

O.  What  does  the  Code  of  Ordinances  provide  in  relation 
to  hoisting  articles  of  any  kind  on  the  outside  of  buildings? 

A.  It  provides  that  person  conducting  the  hoisting  operation 
must  have  a  license,-  either  a  general  or  special  license.  The 
general  license  covers  the  hoisting  operations  of  a  firm  anywhere 
within  the  city  for  a  term  of  one  year,  and  costs  $25.  A  special 
hoist  license  covers  the  particular  job  or  transaction.  In  every 
instance  where  hoisting  is  carried  on  there  must  be  two  danger 
signs  placed  on  the  sidewalk. 

Q.  What  does  the  law  require  of  a  licensed  public  porter 
who  carries  baggage ;  that  is,  what  are  the  things  he  must  comply 
with  as  laid  down  in  the  Code  of  Ordinances? 

A.  He  must  (i)  wear  a  badge  bearing  the  words  ''Public 
Porter"  and  the  number  of  his  license;  (2)  he  must  carry  or 
wheel  the  articles  himself  and  not  turn  them  over  to  anyone  else 
for  transportation;  (3)  he  must  act  as  porter  for  anyone  who 
asks  him  to  do  so  unless  he  is  actually  engaged  by  some  one  else 
beforehand  or  unless  the  distance  be  more  than  2  miles;  (4)  he 
is  not  to  charge  more  than  25  cents  for  transporting  any  article 
for  a  distance  of  less  than  half  a  mile,  if  it  is  carried  by  hand, 
nor  more  than  50  cents  if  it  is  carried  by  a  wheel-barrow  or 
hand-cart,  but  if  the  distance  is  over  half  a  mile,  one-half  of  these 
rates  in  addition  may  be  charged,  and  one-half  for  each  %  mile. 

Q.  What  persons  can  act  as  porters  without  being  licensed  or. 
without  being  amenable  to  this  ordinance  ? 

A.  Employees  of  hotels  and  boarding  houses,  provided  they 
transport  baggage  to  and  from  those  hotels  and  boarding  houses 
only,  and  provided  they  have  signs  to  indicate  that  this  is  the 
fact. 

Q.  What  other  licensed  persons  must  wear  badges  showing 
themselves  to  be  licensed  by  the  City  of  New  York? 

A.     Hackmen,  peddlers,  and  operators  of  junk  carts. 

Q.     What  sort  of  awnings  are  permissible  in  the  city? 

A.  Drop  awnings  without  vertical  supports,  not  to  extend 
beyond  6  feet  from  the  house  line  and  which  shall  be  at  least  6 
feet  in  the  clear  above  the  sidewalk.  Awnings  without  side  cov- 
erings may  be  maintained  for  temporary  use  in  inclement  weather 
only,  and  these  may  be  supported  by  upright  posts  of  iron  not 
exceeding  8  inches  in  diameter,  but  awnings  with  side  coverings, 
or  in  good  weather  require  a  permit  from  the  Borough  President. 


232  PRACTICAL  POLICE  WORK 

Q.  Name  the  regulations  as  to  stands  under  elevated  stair- 
ways. 

A.  Each  "L"  stand  must  contain  the  reservation  on  the 
license  that  the  railway  company  can  make  any  repairs  to  the 
stairway  it  sees  fit,  without  any  claim  for  damages  on  part  of  the 
owner  of  the  stand.  No  stand  can  be  wider  than  the  stairs,  and 
it  cannot  extend  along  the  sidewalk  to  a  greater  distance  than  a 
point  where  under  the  surface  of  the  stairs  is  not  over  7  feet 
from  the  level  of  the  sidewalk. 

The  license  fee  for  this  stand  is  $10,  although  stoop  line  stand 
licenses  for  the  sale  of  newspapers  are  $5.  But  candy,  tobacco 
and  soda  water  cost  $5  each  extra ;  fruit,  $10  extra. 

Each  stand  must  be  painted  the  color  of  the  stairs,  and  no 
advertisement  may  be  painted  on  the  stand. 

Q.  Can  stand  licenses  be  transferred  from  one  person  to 
another  ? 

A.  No;  the  license  immediately  ceases  upon  transfer,  but  a 
licensee  may  have  his  license  transferred  to  another  location  with 
the  consent  of  the  Commissioner  of  Licenses  and  provided  the 
property  owner  or  lessee  at  the  new  location  also  consents.  This 
provision  is  printed  on  the  license. 

Q.  In  case  of  an  accident  to  a  truck,  cart,  or  wagon,  in 
which  the  vehicle  is  disabled,  how  long  is  the  owner  allowed 
to  remove  it? 

A.     A  reasonable  time,  riot  exceeding  3  hours. 

Q.  What  department  removes  all  unharnessed  vehicles  in 
the  public  streets? 

A.  The  Department  of  Street  Cleaning  maintains  yards  for 
that  purpose,  and  causes  their  removal. 

Complaint  is  made  to  you  by  a  citizen  as  follows :  "I  arrived 
from  Buffalo  this  morning,  checked  my  trunk  and  suit  case  at 
the  Grand  Central  Depot,  presented  the  checks  for  same  to  a 
licensed  expressman  whose  place  of  business  is  at  Third  Avenue 
and  42nd  Street,  requesting  that  he  deliver  tile  trunk  and  suit 
case  in  a  hurry  to  the  Hotel  McAlpin.  He  said  all  his  drivers 
were  engaged  but  as  a  favor  to  me  he  would  telephone  a  near-by 
livery  stable  and  hire  a  driver.  He  did  so  and  delivered  the  trunk 
and  suit  case  within  two  hours.  He  asked  $3,  which  I  refused 
to  pay  as  being  extortionate.  He  refuses  to  deliver  my  articles 
and  holds  them  for  non-payment  of  charges."  Now,  what  action 
do  you  take  under  these  circumstances? 

i      A.     I  would  advise  the  complainant  to  pay  the  fees  demanded, 
get  his  baggage  and  then  request  him  to  make  a  complaint  to  the 


PRACTICAL  POLICE  WORK  233 

Department  of  Licenses  to  the  effect  that  the  expressman,  having 
failed  to  make  an  agreement  beforehand  as  to  the  charges  in  the 
case  of  a  special  delivery,  should  refund  any  charge  above  the 
legal  rate,  namely,  40  cents  per  piece  within  a  limit  of  five  miles. 
I  would  then  investigate  the  case  for  the  purpose  of  finding  out 
the  name  of  the  driver,  find  out  whether  or  not  he  was  licensed 
as  art  express  driver,  and  if  not  would  make  C.  O.  complaint. 


CHAPTER  XIV 
RULES 

Rules  and  regulations  change  in  their  details,  but  certain 
features  of  them  remain  fixed  and  permanent. 

There  will  always  be  posts,  but  the  number  and  kind  of  them 
will  change.  A  policeman  should  be  able  to  give  the  kind  and 
number  of  them  always. 

General  and  departmental  orders  will  probably  continue  to  be 
permanent  and  apply  to  the  whole  department  while  special  or- 
ders will  apply  to  individuals  and  relate  to  such  things  as  appoint- 
ments and  dismissals.  There  will  also  be  orders  that  apply  to 
commands  and  be  limited  in  their  application ;  telephone  orders 
for  quick  action  and  circulars  containing  instructions  to  the  force. 

Commanding  Officers 

The  Commanding  Officer  of  a  precinct  will  continue  as  at 
present  to  have  supervision  over  the  men  and  their  work  gen- 
erally as  well  as  the  conditions  of  his  precinct.  He  will  have 
general,  special  and  particular  duties ;  have  to  keep  in  touch  with 
his  precinct  when  absent  so  that  he  can  be  readily  located  and 
communicated  with  in  case  of  emergency,  have  certain  assign- 
ments to  make,  be  responsible  for  the  peculiar  fitness  of  men  on 
patrol  on  certain  posts  and  for 

Conditions  of  precinct; 

Enforcement  of  law ; 

Preservation  of  the  peace; 

Protection  of  Life  and  Property; 

Good    Order,    Efficiency,    Discipline,    Particular    duties 

of  men  as  at  present. 

Desk  Officers 

Desk  officers  will  continue  to  be  the  clerical  men  who  keep 
official  records  that  are  necessary  and  make  them  promptly  and 
accurately,  stay  behind  the  desk  unless  in  case  of  urgent  personal 
necessity  or  on  police  business,  be  responsible  for  what  takes 

234. 


PRACTICAL  POLICE  WORK  235 

place  behind  the  desk;  keep  track  of  the  men,  report  absentees, 
inspect  memorandum  books;  inspect  supplies  and  keep  a  record 
of  them;  call  attention  of  the  captain  to  unusual  occurrences  or 
important  messages  and  supervise  the  searching  and  keeping  of 
prisoners  brought  to  the  station. 

Sergeants 

Sergeants  will  always  continue  to  have  immediate  supervision 
of  the  work  of  patrolmen,  be  called  upon  to  assist  and  instruct 
them  in  their  duties ;  investigate  and  report  absences  from  patrol 
according  to  methods  which  may  vary  from  time  to  time;  take 
charge  of  outgoing  platoons  and  be  the  connecting  link  between 
the  officer  of  patrol  and  the  station  house  to  which  they  report. 
The  routine  method  of  performing  these  duties  may  change. 

Patrolmen 

Patrolmen  will  always  be  expected  to  go  directly  and  promptly 
to  their  posts,  examine  them  for  acts  of  lawlessness;  stay  on 
them  till  relieved  and  quit  only  for  police  reasons  or  personal 
necessity,  when  precautions  will  have  to  be  taken  by  them  to 
show  they  are  not  faking  which  precautions  may  vary  in  their 
method.  They  will  always  be  expected  to  try  doors  and  investi- 
gate suspicious  persons  and  circumstances. 

Patrolmen  will  always  be  expected  to  give  their  whole  time  to 
the  department,  take  orders  from  superiors,  treat  the  department 
business  as  confidential,  be  alert  and  observing  while  on  patrol 
and  not  as  a  rule: 

.   Drink,  smoke,  gamble; 
Carry  packages ; 
Sit  in  R.  R.  car  in  uniform; 

Solicit  passes;  , 

Influence  business ; 

Advise  redemption  of  pawned  articles ;  J 

Alter  equipment ; 

Under  the  conditions  imposed  at  present. 
The  following  things  now  required  of  policemen  will  probably 
continue  to  be  permanent: 

Be  respectful.    Report  sanitary  matters. 
Use  police  signal  boxes.    Keep  memo.  book. 
Be  cautious  in  detecting  crime.     Mark  evidence. 
Request  analysis. 


236  PRACTICAL  POLICE  WORK 

Keep  rules  up  to  date. 

Pay  bed  women  promptly. 

Answer  telephone  by  formula. 

Use  proper  signals. 

Report  suspicious  places. 

Report  useful  information. 

Salute  properly.     Salute  at  proper  times. 

Faithful  in  attendance,  diligent  in  performance  of  duty. 

Attendants 

Attendants  will  continue  to  be  responsible  for  the  perform- 
ances of  work  about  the  station,  such  as  attending  to  fires  and 
lights,  looking  after  prisoners  and  the  condition  of  the  cells,  rais- 
ing the  flag,  etc. 

. 

Matrons 

The  duties  of  matrons  will  be  to  take  care  of  women  and 
children,  protect  them  from  any  kind  of  harm  that  might  other- 
wise come  to  them,  make  searches,  keep  their  own  rooms  and 
co-operate  with  the  children's  society. 

Property 

The  following  outline  now  indicates  the  manner  in  which 
property  owned  by  or  coming  into  the  hands  of  the  police  is 
disposed  of.  Most  of  the  procedure  is  permanent  in  its  character. 
It  is  to  be  used  only  to  help  call  up  details. 

Bureau  of  Supplies — Acquires,  maintains,  sells,  accounts  for 
all  property. 

Commanding  Officers  Responsible  for — Orderly  arrangement, 
sanitary  condition  of  buildings,  furniture,  equipment,  care,  use, 
serviceability  of  department  property. 

Limitations  of  Use — Official  purposes,  designated  member 
purpose. 

Things  Forbidden — Altering,  changing,  replacing. 

Property  Clerk  (General  Duties) — Safe  keeping,  disposition. 
Record  of  all  property  in  custody. 

Patrolman  Delivers  to  Desk  Officer — Lost,  stolen,  abandoned, 
unclaimed,  recovered,  evidential  property. 

Proceeds  of  Raid — Inventoried,  disposed  of. 

Animals — Lost,  strayed,  stolen — Livery  auction. 


PRACTICAL  POLICE  WORK  237 

0 

Property  Perishable — Captain  Sells. 

Receipts  by  Patrolman — Property  found  and  delivered  to  him. 

Dead  Men's  Property — Next  of  kin  or  Property  Clerk. 

Property — Stolen  or  evidential,  Property  Clerk. 

Weekly  Reports — To  Property  Clerk. 

For  Court  Use — Subpoena,  order  of  Desk  Officer. 

Return  of — Property  or  receipt. 

Identification  of  Stolen  Property — In  officer's  presence — Push 
carts ;  Bureau  of  Incumbrance. 

Explosives  or  Combustibles — Bureau  of  Combustibles. 

Lost  or  Found  Property — Division  of  Lost  Property. 

The  care  of  equipment,  the  cleaning  and  lubrication  of  bicycles 
by  cycle  and  motorcycle  men;  the  care  in  the  use  of  horses  by 
mounted  men ;  the  care  of  booths  by  booth  men  and  of  the  patrol 
wagons  by  patrol  drivers  while  in  use  will  continue  to  call  for 
some  sort  of  attention  from  their  respective  users. 

The  captain  will  continue  perhaps,  to  have  the  right  to  excuse 
men  from  reserve  on  urgent  personal  necessity.  Leaves  of  ab- 
sences will  always  be  limited,  and  emergency  leaves  in  which  the 
•captain  exercises  discretion  necessary,  but  the  amount  of  discre- 
tion may  change  from  time  to  time.  On  the  changes  it  is  neces- 
sary to  keep  posted. 

Aided  Cases 

Cases  not  involving  arrests  now  called  aided  and  accident 
cases  will  always  be  handled  and  require  attention  different  from 
that  given  to  cases  of  arrests.  There  will  be  sick  and  injured 
needing  ambulances  and  medical  attention,  missing  and  unidenti- 
fied persons  to  be  reported  and  looked  up;  insane  persons  need- 
ing hospital  attention,  dead  bodies  to  be  reported,  calling  for 
descriptions,  particulars,  search  at  the  proper  time ;  inquiries 
about  missing  persons,  parents  of  lost  children  to  locate ;  found- 
lings to  dispose  of  and  investigate  before  or  after  sending  to  the 
Charities  Department.  . 

Vehicles 

Every  accident  involving  vehicles  will  always  call  for  thor- 
ough inquiry,  examination  and  investigation  to  determine  who 
was  at  fault.  The  following  outline  of  procedure  is  not  likely 
to  be  changed  materially : 

Evidence  of  Negligence — Make  arrest.    . 


238  PRACTICAL  POLICE  WORK 

Conflicting  (No  Evidence) — Magistrate,  report. 
Serious  Accidents  by  Non-residents — Arrest. 
Slight  Injuries  and  Negligence — Arrest.     Inform  person  of 
right.     Magistrate,  witnesses. 

Defective  Mechanism — Detain  vehicle ;  examination,  evidence.. 
Mechanical  Apparatus — Safeguard. 

Arrests 

Arrests  will  always  have  to  be  made  in  accordance  with  law,, 
the  arrested  must  be  treated  humanely  and  get  safe  keeping;  the 
arrests  made  known  at  the  station  and  recorded  where  searches 
will  have  to  be  made.  The  patrol  wagon  will  have  to  be  called 
whenever  the  distance  is  long,  the  arrested  are  unable  to  walk 
or  their  condition  is  offensive  to  public  decency. 

PROCEDURE  AT  DESK 

When  a  person  is  arrested  the  procedure  is  to  arraign  him  at 
the  desk,  make  a  charge,  take  and  enter  pedigree,  search  the 
prisoner  and  either  lock  him  in  a  cell,  send  him  to  court  or 
admit  him  to  bail.  The  following  outline  indicates  the  present 
way  which  is  more  or  less  permanent : 

Unconscious  or  Injured  Prisoner — Not  to  station.  Ambulance,, 
hospital,  search,  receipt,  certificate  to  Magistrate. 

Unconscious  Prisoner — No  cell;  ambulance,  to  hospital. 

Sick  Prisoner — Report  to  station ;  guard,  ambulance,  hospital. 

Woman  Nursing  Baby — No  cell.    Maternity  home  or  hospital.. 

Minors — Petty  violations,  warned,  arrest  only  on  persistence,, 
summons,  not  with  older  prisoners. 

Truants — Taken  and  delivered  to  school. 

Juvenile  Delinquency- — Children's  Court ;  Society. 

Prisoners'  Property — Five  kinds. 

Interviewing  Prisoner — Five  persons. 

/ 
Summonses 

The  method  of  accounting  for  summonses  is  likely  to  change. 
They  are  now  obtained  from  the  chief  clerk  in  blank,  with  serial 
numbers  and  stubs.  They  are  indexed,  must  be  accounted  for,, 
reported  if  lost  or  damaged,  filled  by  indelible  pencil  or  ink  and 
reported  to  the  desk  officer.  The  additional  details  in  regard 
to  them  are  subject  to  change. 


PRACTICAL  POLICE  WORK  239 

Complaints 

Complaints  will  continue  to  be  of  two  kinds — inside  and  out- 
side. They  will  concern  an  improper  act  or  omission;  relate 
to  the  business  of  the  department,  members  of  it  or  conditions  in 
relation  to  such.  They  will  call  for  investigation,  the  remedying 
of  an  improper  condition  or  the  prevention  of  its  recurrence. 

Outside  complaints  will  continue  to  be  made  by  the  com- 
plainants to  the  desk  officer,  probably  be  investigated  by  the  In- 
spector and  reported  to  the  Police  Commissioner  with  recom- 
mendations for  dismissal  or  trial.  Minor  derelictions  will  prob- 
.ably  continue  to  be  disposed  of  by  the  District  Inspector. 

Trials 

Trials  should  always  be  conducted  without  unnecessary  tech- 
nicality, unreasonable  delay  or  offensive  speech  or  action  on  the 
part  of  anybody.  Members  will  be  subject  to  dismissal  for 
violation  of  a  rule  of  the  department;  disobedience  of  orders 
written  or  oral ;  cowardice ;  intoxication ;  insubordination ;  con- 
duct unbecoming  an  officer;  false  official  statements  after  convic- 
tion of  crime,  or  for  disorder  or  neglect  to  the  prejudice  of  good 
•order,  efficiency  and  discipline  according  to  the  degree  of  the 
•offense  and  the  discretion  of  the  Commissioner. 

To  borrow  or  lend  from  associates  or  to  spend  department 
money  without  proper  permission  will  continue  to  be  forbidden 
by  rule. 

Health 

The  proper  care  of  one's  health,  of  equipment  and  uniform 
and  bed  linen  will  continue  and  conditions  due  to  carelessness, 
viciousness  or  immorality  and  deceit  in  simulating  sickness  pun- 
ishable on  the  report  of  the  surgeon. 

QUESTIONS  ON  RULES 

What  is  a  commanding  officer,  as  defined  by  the  rules  of  the 
Police  Department?  How  is  the  statute  of  a  commanding  officer 
determined?  Describe  fully. 

Mention  in  detail  the  general  responsibilities  imposed  by  the 
rules  of  the  Department  on  commanding  officers,  and  how  is  a 
commanding  officer  made  to  understand  the  sense  of  this 
responsibility  ? 


240  PRACTICAL  POLICE  WORK 

Mention  seven  duties  specifically  imposed  by  the  Book  of 
Rules  upon  members  of  the  detective  division,  and  show  how  the 
police  force  as  a  whole  is  required  to  cooperate  with  the  detec- 
tive, force. 

Suppose  the  captain,  one  lieutenant,  two  sergeants  and  five 
patrolmen  wanted  to  leave  the  city  for  three  days,  all  from  the 
same  precinct  and  all  at  the  same  time. 

The  captain  and  lieutenant  are  going  to  attend  a  fraternal 
convention;  a  sergeant  and  three  patrolmen  to  attend  an  athletic 
meet ;  one  patrolman  is  to  attend  his  father's  funeral,  another  his 
uncle's,  and  the  other  sergeant  to  look  after  personal  business. 
Could  they  all  go?  If  not,  what  preference  should  be  given? 
What  formalities  by  them  and  their  superiors  should  be  gone 
through  before  leaving?  How  is  absence  counted?  What  effect 
would  it  have  on  their  annual  vacations  ? 

Suppose  an  insane  person  escaped  from  a  private  sanitarium 
and  ran  into  the  street,  shouting  and  brandishing  a  knife.  A 
citizen,  in  getting  out  of  the  way,  stepped  on  an  unfastened 
manhole  cover,  which  overturned,  causing  him  to  fall  and  break 
his  leg. 

The  injured  man  is  pursued  by  the  maniac  and  is  protected 
by  two  citizens,  who  disarm  the  insane  man.  When  a  patrolman 
arrives,  they  are  holding  him.  Two  attendants  from  the  sani- 
tarium arrive  and  seize  him  to  bring  him  back.  A  citizen  offers 
to  bring  the  injured  man  home  in  an  automobile.  What  duties, 
devolve  on  the  patrolman  ?  State  everything  he  should  do. 

A  patrolman  finds  an  unconscious  person  on  the  street.  As 
he  discovers  him,  an  excited  woman  rushes  from  a  drug  store  and 
says  her  husband  is  the  unconscious  man;  that  they  were  to- 
gether and  he  fell  in  a  faint  and  she  had  telephoned  for  a_ 
doctor.  The  man  is  carried  into  the  drug  store.  The  patrol- 
man telehpones  for  an  ambulance.  The  ambulance  surgeon 
thinks  the  man  shows  symptoms  of  poisoning.  While  they  were 
working  over  the  victim,  the  woman  disappeared.  There  is  noth- 
ing on  the  man's  person  to  identify  him.  What  should  be  the 
'full  duty  of  the  officer  on  patrol  and  the  desk  officer  in  regard 
to  the  matter? 

While  a  patrolman  is  on  post,  a  woman  comes  up  to  him  and 
tells  him  that  she  is  going  to  the  house  of  John  Jones  at  No.  398" 
W.  72nd    St.,  to  get  satisfaction.     She  appears  to  be  slightly  in- 
toxicated.    He  advises  her  to  go  home.     She  went  on  her  way,, 
however,  and  ten  minutes  later  a  boy  tells  him  there  is  a  woman 


PRACTICAL  POLICE  WORK  241 

dying  in  the  areaway  at  No.  398  West  72110!  Street.  When  he 
reaches  her  she  said  "He  did  it."  It  was  evident  that  the  woman 
had  fallen  or  been  pushed  from  the  stoop  of  the  house.  One  of 
the"  citizens  who  gathered  said  she  saw  the  woman  ringing  the 
door  bell.  What  is  the  full  duty  of  the  patrolman  and  of  his 
superiors  in  such  a  case  ? 
What  must  be  done 

1.  When  a  policeman  finds  a  lost  child  which  can  talk? 

2.  When  a  policeman  finds  a  lost  child  which  cannot  talk  ? 

3.  When  a  policeman  discovers  a  foundling? 

4.  When  a  citizen  discovers  a  foundling  and  calls  the  atten- 
tion of  the  policeman  to  the  find  ? 

5.  When  inquiry  is  made  at  the  police  station  regarding  a 
girl  of  fourteen  who  is  missing? 

Explain  the  rule,  "No  person  shall  be  arrested  nor  detained 
except  as  provided  by  law." 

Mention  the  classes  of  officers  affected  by  the  rule  which 
makes  each  member  of  the  force  responsible  for  the  humane 
treatment  and  safekeeping  of  a  prisoner  in  his  custody,  or  who 
is  detained  in  a  building  or  part  thereof  over  which  he  has  su- 
pervision. 

A  child  is  killed  by  an  automobile.  The  child  was  playing 
"cat"  in  the  street.  The  chauffeur  and  passengers  say  he  ran  in 
front  of  the  car,  which  was  going  only  fifteen  miles  an  hour, 
and  the  accident  was  unavoidable.  Two  citizens,  however,  say 
that  the  accident  could  have  been  avoided,  had  the  chauffeur  been 
careful  or  skilful.  What  is  the  full  duty  of  a  patrolman  who  ar- 
rives there  immediately  after  the  accident? 

What  procedure  is  followed  by  the  Police  Department  when 
the  driver  of  a  United  States  mail  wagon  is  charged  with 

(a)  A  misdemeanor. 

(b)  A  felony. 

A  policeman  finds  an  unconscious  person  on  the  street.  Beside 
him  is  a  bottle  almost  empty.  In  his  pockets  there  are  a  re- 
volver, a  gold  watch  and  some  money;  on  his  person  some  jew- 
elry. State  everything  that  the  officer  should  do. 

State  the  full  duty  of  a  desk  officer  (130-133)  when  a  police- 
man arraigns  a  prisoner  before  the  desk,  whom  the  patrolman 
says  he  has  reason  to  believe  to  be  guilty  of  homicide  and  rob- 
bery. The  grounds  for  his  belief  are  that  a  certain  man  was 
robbed  and  murdered  a  few  days  before  and  the  prisoner  was 
found  trying  to  pawn  jewelry  which  corresponded  in  description 
to  that  stolen  from  the  dead  man. 


242  PRACTICAL  POLICE  WORK 

A  man  charged  with  forgery  and  embezzlement  in  Ohio  is 
alleged  to  be  living  at  a  certain  house  in  your  precinct.  What  is 
the  full  duty  of  your  officers,  upon  the  receipt  of  such  informa- 
tion and  afterwards ; 

(a)  In  case  an  arrest  is  made  forthwith? 

(b)  In  case  an  arrest  cannot  be  made  immediately? 

What  classes  of  prisoners  may  not  be  confined  in  cells  upon 
arrest,  and  what  should  be  done  in  each  case? 

Acting  upon  information  he  has  received,  an  officer  arrests 
a  man  and  woman  who  had  just  bought  a  quantity  of  ether, 
which  they  had  carried  to  a  lot  and  had  partly  drunk.  The 
officer's  information  was  to  the  effect  that  they  had  agreed  to 
commit  suicide.  After  being  locked  up  in  a  cell,  both  became  ill. 

Discuss  the  right  of  the  policeman  to  make  the  arrest  and 
tell  the  duty  of  the  desk  officer  upon  arraignment  and  afterwards, 
giving  the  various  possibilities  of  such  a  case. 

Explain  the  full  duty  of  a  desk  officer  in  regard  to  prisoners 
locked  up  all  night,  before  they  are  taken  to  court  in  the 
morning. 

What  purpose  is  the  policeman's  summons  inteded  to  serve? 

In  what  classes  of  cases  may  the  summons  not  be  used  ? 

What  discretions  are  given  to  the  officer  furnished  with  one 
of  these  books? 

What  must^hc  do  after  he  has  served  a  summons? 

What  elements  must  be  present  to  constitute  a  "complaint" 
under  the  rules  of  the  Police  Department? 

What  procedure  is  followed  in  connection  with 

(a)  A  department  complaint; 

(b)  A  citizen's  complaint? 

Under  what  general  conditions  is  a  member  of  the  force 
entitled  to  special  department  recognition? 

What  would  be  your  duty  as  an  inspector  in  case  any  of  these 
circumstances  was  brought  to  your  attention? 

What  does  department  recognition  consist  of,  and  for  what 
acts  is  each  grade  of  recognition  awarded? 

In  order  that  an  officer  may  be  on  duty  at  the  desk  at  all 
times,  and  that  the  regular  officer  assigned  may  be  held  fully 
responsible,  what  rules  have  been  made  to  govern  such  officer's 
conduct  from  the  time  he  takes  charge  of  the  desk  till  he  is 
relieved  from  such  duty  ? 

An  inspector  of  a  district  is  authorized  to  dispose  of  a  minor 
dereliction.  State  briefly  the  advantages  of  such  a  rule  and 


PRACTICAL  POLICE  WORK  243 

enumerate  five  minor  derelictions  which  might  appropriately  come 
under  such  a  rule. 

What  general  conduct  must  be  observed  by  all  concerned  at 
the  trial  of  a  police  officer  and  what  particular  procedure  must 
be  followed  in  the  conduct  of  such  a  trial  ? 

For  what  offenses  generally  may  punishment  be  inflicted 
on  a  member  of  the  force  by  the  Police  Commissioner,  and 
what  may  such  punishment  consist  of? 

For  what  purposes  may  a  member  of  the  force  incur  a  liabil- 
ity against  the  City  of  New  York?  If  the  bill  is  $35,  what 
should  have  been  done  first  ?  What  if  the  bill  was  $60.00?  What 
information  must  be  furnished  with  such  a  bill  to  obtain  its 
approval ? 

A  deputy  police  commissioner  strolling  down  the  avenue 
meets  the  following  members  of  the  force.  Which  of  them  should 
salute  and  which  not? 

An  inspector  in  uniform; 

A  captain  in  plain  clothes ; 

A  lieutenant  in  uniform; 

A  detective  in  plain  clothes. 

Suppose  it  was  an  inspector  in  uniform  who  walked  down 
the  avenue;  what  should  these  men  do? 

Suppose  it  was  an  inspector  in  plain  clothes  ? 

A  sergeant  on  patrol  is  made  responsible  for  the  proper  per- 
formance of  patrol  and  other  police  duty  by  members  of  the 
force  subject  to  his  jurisdiction.  State  everything  he  is  required 
to  do  by  the  rules  in  order  to  meet  such  responsibility. 

What  is  a  patrolman's  first  duty  on  arriving  at  his  post? 
What  responsibility  is  imposed  on  him? 

What  general  circumstances  may  arise  to  warrant  a  pa- 
trolman leaving  his  post?  When  such  circumstances  do  arise, 
what  is  the  policeman  to  do  in  order  to  supply  evidence  of  the 
existence  of  such  conditions  or  circumstances? 

What  in  general  are  the  uses  to  which  the  memorandum  of 
a  patrolman  is  to  be  put?  What  value  is  it?  How  must  it  be 
kept? 

During  a  walk  over  the  post  of  Patrolman  A  you  saw  three 
men  looking  in  a  dark  hallway;  two  young  men  and  two  girls 
seemingly  under  sixteen  in  another  doorway;  the  patrolman 
talking  to  another  man  on  the  sidewalk ;  a  torn-up  pavement  un- 
lighted,  and  when  you  send  a  man  to  inquire  from  A  where  a 
public  telephone  is  to  be  had  he  said  he  did  not  know.  Discuss 
this  case,  showing  the  investigations  you  made,  and  give  the 


244  PRACTICAL  POLICE  WORK 

>circumstances  under  which  you  would  make  charges  against  A, 
and  those  under  which  you  would  dispose  of  the  case  under 
.authority  of  Rule  250. 

Where  and  when  may  a  policeman 

Not  smoke; 

Not  drink ; 

Not  use  profane  language. 

What  is  the  duty  of  a  patrolman  under  each  of  the  following 
conditions  ? 

A  number  of  man-hole  coverings  blow  off. 

An  automobile  and  street  car  collide,  causing  several  cas- 
ualties. 

A  murder  lias  been  committed. 

A  fire  has  broken  out. 

What  persons  and  vehicles  are  admitted  within  fire  lines? 

Give  one  reason  for  each  admission. 

What  is  a  policeman  to  do 

(a)  When  a  citizen  complains  of  being  unable  to  reach  his 
home  within  the  fire  lines? 

(b)  When  there  are  injured  and  unconscious  persons  on  the 
street  before  ambulances  have  arrived? 

(c)  When  firemen  are  overcome? 

(d)  When  a  fire  attacks  a  building  where  there  are  human 
beings  ? 

(e)  When  there  are  more  persons  to  be  rescued  than  the  fire- 
men can  take  care  of? 

(f)  When  persons  wish  to  reach  their  offices  after  lines  have 
been  drawn  at  a  parade? 

Make  out  a  return  in  tabular  form,  showing  property  in  the 
station  house  at  the  last  inventory,  (b)  property  obtained  since 
then  and  (c)  property  lost,  worn  out  or  disposed  of  and  how. 
Make  six  entries  in  all. 

It  had  come  to  your  attention  as  a  commanding  officer  that 
-a  member  of  your  command  was  breaking  the  rule  forbidding 
the  influencing,  or  attempt  to  influence,  the  lawful  business  of 
another  person.  The  thing  was  being  done  in  a  very  clever  and 
quiet  manner,  making  it  difficult  to  get  at  the  bottom  of  the 
affair.  Write  a  report  to  the  Police  Commissioner  giving  the 
nature  of  the  information  you  received,  the  plans  you  laid  an  ! 
the  success  you  had,  with  such  recommen.iations  as  are  fitting 
in  the  premises. 


PRACTICAL  POLICE  WORK  245 

Suppose  a  patrolman  found  a  diamond  ring  on  his  beat, 
picked  up  a  quantity  of  silverware  which  burglars  dropped  when 
being  pursued,  and  discovered  a  push  cart  with  fruit  apparently 
abandoned.  What  duty  in  regard  to  each  devolves  on 

(a)  The  patrolman ; 

(b)  The  lieutenant  at  desk; 

(c)  The  captain; 

(d)  The  Police  Department. 

A  suit  which  has  been  brought  in  a  Municipal  Court  to  re- 
cover damages  from  the  city  on  account  of  injuries  caused  by  a 
defective  sidewalk  is  down  for  trial.  The  Assistant  Corporation 
Counsel  and  the  Counsel  for  the  plaintiff  both  want  to  see  the 
original  record  which  they  think  contains  evidence  that  the 
transcript  does  not  show.  The  plaintiff  serves  you  with  a  sub- 
poena duces  tecum  just  as  a  Deputy  Assistant  Corporation  Coun- 
sel appears  and  asks  to  be  shown  the  record.  The  other  lawyer 
objects.  Explain  what  you  would  do,  why  and  what  rules 
govern  you. 

What  do  you  understand  by  the  phrase  "Due  process  of  law  ?" 
Mention  five  circumstances  under  which  transcripts  of  the  blotter 
are  to  be  furnished  "under  due  process  of  law"  and  all  others 
when  the  desk  officer  is  required  to  read  the  blotter  to  the 
person  seeking  for  information. 

Assume  the  following  conditions : 

A  public  taxicab  chauffeur  brings  two  men  to  the  station  to 
settle  a  dispute  about  the  fare.  The  men  are  from  out  of  town. 
They  alleged  that  the  amount  indicated  by  the  Register  was  in- 
correct, and  in  substantiation  they  stated  specifically  the  points 
from  which  they  started  aud  stopped.  The  chauffeur,  while 
admitting  this,  said  he  had  run  into  a  political  parade  and  one 
of  the  passengers  had  said  "Let's  watch  it  for  a  while."  The 
driver  waited  for  half  an  hour  when  the  same  passenger  said 
"When  are  we  going  to  get  out  of  here,  we  will  be  late."  In 
order  to  get  away  from  the  parade  the  driver  had  driven  to 
another  avenue  and  had  gone  nearly  half  a  mile  out  of  his  way. 
The  desk  officer  is  trying  to  settle  the  dispute  when  you  a  Captain 
arrive.  Write  a  report,  giving  a  full  description  of  the  dispute, 
the  law  governing  it  and  your  own  action. 

Mention  the  precautions  taken  to  prevent  tampering  with 
station  house  records  in  the  methods  of  keeping  such  records 
themselves.  Include  therein: 

The  manner  of  opening  and  closing  such  records. 

The  order  and  manner  of  entries. 


246  PRACTICAL  POLICE  WORK 

Ink,  erasures  and  corrections. 

Manner  of  closing  entries. 

Blank  spaces. 

Signatures. 

Manner  of  keeping  general  and  special  orders. 

Suppose  the  head  of  an  anti-vice  society  who  has  sent  many 
letters,  telegrams  and  phone  messages  to  Police  Headquarters 
complaining  of  a  disorderly  resort  kept  by  a  former  convict, 
wishes  to  bring  charges  against  the  police  officials  to  the  proper 
authorities,  what  records  of  the  Police  Department  should  he 
subpoena  in  case  he  wanted  to  prove  the  possession  of  knowl- 
edge by  them  not  acted  upon  ?  In  whose  custody  are  such  records 
kept? 

Suppose  the  Police  Commissioners  wanted  to  make  an  in- 
vestigation of  a  private  complaint  to  the  effect  that  there  was 
lackness  in  discipline  among  members  of  several  precincts,  that 
the  men  were  away  too  much  on  sick  leave,  that  complaints  were 
sidetracked  and  charges  suppressed,  and  that  all  property  taken 
from  prisoners  was  not  properly  accounted  for ;  in  what  books  of 
record  should  an  examination  be  made  to  help  in  the  investigation 
of  such  a  complaint? 

Suppose  the  Police  Commissioner  wants  to  make  an  investi- 
gation to  ascertain  if  the  property  of  the  Department  is  in  an 
up-to-date  condition  and  according  to  certain  standards  which 
he  has  determined  upon,  what  records  should  he  first  examine 
in  order  to  obtain  an  idea  of  its  character  so  as  to  save  a  physical 
examination  of  each  article? 

Describe  the  station  house  blotter 

(a)  As  to  general  things  contained  therein. 

(b)  As  to  particulars  entered  from  time  to  time. 

(c)  As  to  the  manner  of  keeping  it,  and  by  whom. 

Write  a  report  showing  the  advantages  and  disadvantages 
of  allowing  policemen  to  interview  the  Commissioner  without 
having  to  make  the  request  for  an  interview  through  official 
channels. 

Certain  facts  respecting  persons  arrested  and  aided  must  be 
made  record  of  in  all  cases  and  other  facts  in  special  cases. 

(a)  Mention  the  facts  that  are  peculiar  to  all  cases,  and 

(b)  The  facts  which  should  be  noted  if  the  circumstances 
calling   for  their   entry   arose,   with   the   accompanying  circum- 
stances. 

What  reports  are  desk  officers  and  commanding  officers  re- 


PRACTICAL  POLICE  WORK  247 

quired  to  make  daily  ?  What  reports  regularly  when  not  daily  ? 
What  reports  irregularly  ?  In  what  manner  are  reports  furnished  ? 
^Vhat  returns  must  also  be  made  by  the  same  men,  and  to  whom  ? 

How  is  an  official  communication  of  the  Police  Department 
distinguished  from  a  non-official  one? 

In  the  making  of  an  official  communication  what  limitations 
are  imposed  on  the  maker  as  to 

(a)  Subject; 

(b)  Method  of  making ; 

(c)  Manner  of  address; 

(d)  Manner   of   identifying  a  member   of  the   force  when 
referred  to; 

(e)  Manner  of  signature; 

(f)  Manner  of  transmission  and  means  by  which  route  of 
transmission  can  be  traced. 

(g)  Any  other  things  necessary. 

Because  of  information  you  get,  a  squad  of  policemen  is 
formed  by  you  to  prevent  an  alleged  prize-fight  from  taking 
place  at  a  certain  road-house  in  your  precinct.  Because  of  what 
the  promoters  of  the  fight  learn,  the  prize-fight  is  not  pulled  off 
there,  but  a  couple  hundred  men  repair  to  a  barge  moored  in  the 
river  from  which,  because  of  a  plan  prearranged,  you  and  your 
men  are  excluded.  Further  attempts  to  board  the  barge  have 
been  unsuccessful. 

Write  a  report  telling  of: 

The  information  you  get; 

The  plans  you  made; 

Why  they  miscarried  or  were  frustrated; 

All  the  efforts  made  by  you; 

What  you  learned ; 

What  you  recommend. 

Suppose  a  policeman  got  sick  on  his  beat  and  had  to  be 
carried  to  a  drugstore,  from  which  he  is  sent  home  in  charge  of 
a  police  surgeon,  who  considers  the  case  a  very  serious  one,  and 
the  disease  probably  contagious. 

Explain  the  whole  duty  of  the  police  surgeon  and  the  pa- 
trolman from  the  time  of  the  latter's  collapse  till  he  is  fit  to 
return  to  duty. 

1.  Assuming  the  disease  was  not  contagious. 

2.  Assuming  that  it  was. 

Mention  ten  separate  and  distinct  acts  on  the  part  of  a  pa- 
trolman, with  an  appropriate  example  in  each  case,  which  would 


248  PRACTICAL  POLICE  WORK 

require  a  district  surgeon  to  bring  the  matter  to  the  attention  of 
the  Tolice  Commissioner. 

What  special  duty  is  imposed  on  a  district  surgeori  in  the° 
case  of  a  patrolman  who  has  been  sick. 

(a)  For  thirty  days; 

(b)  Has  just  been  injured; 

(c)  A  policeman  convalescent; 

(d)  Is  acting  queerly. 

Mention  all  the  members  of  the  force  and  all  the  circum- 
stances under  which  they  may  appear  for  duty  in  civilian  dress. 

Explain,  with  appropriate  examples,  the  rule  that  "a  member 
of  the  force  is  personally  responsible  for  the  proper  and  au- 
thorized use  of  his  uniform  and  equipment." 

Explain  why  a  member  of  the  force  must  carry  his  shield 
at  all  times. 

What  uses  are  to  be  made  of  the  shield?  Of  the  shield 
number  ?  To  what  uses  are  shields  not  to  be  put  ? 

When  a  patrolman  has  had  an  article  of  equipment  damaged 
or  lost,  what  course  of  procedure  has  to  be  gone  through  to 
have  it  replaced, 

(a)  In  case  the  loss  or  damage  occurred  on  account  of  proper 
performance  of  public  duty? 

(b)  In  case  it  occurred  otherwise  than  in  the  proper  per- 
formance of  such  duty? 

A  member  of  the  Department  shall  promptly  obey  all  lawful 
orders  of  his  superior  officers.  Pick  out  five  instances  where  a 
policeman  would  be  justified  under  this  rule  in  disobeying  the 
orders  of  a  superior,  orders  to  be  such  as  might  be  mistakenly 
given. 

Explain  the  meaning  of  the  rule  "A  member  of  the  Depart- 
ment shall  be  fit  for  duty  when  subject  thereto,"  and  show  how 
the  rule  could  be  violated. 

Explain  what  is  meant  by  "confidential"  in  the  rule  requiring 
a  member  of  the  Department  to  treat  as  confidential  the  official 
business  of  the  department  with  which  he  is  acquainted.  Give 
the  reasons  for  the  rule,  with  three  examples  to  justify  its  ex- 
istence. What  exceptions  to  such  rule  are  made? 

Give  six  examples  of  the  ways  in  which  a  member  of  the 
Department  might  ordinarily  violate  the  rule  requiring  him  to 
be  respectful  in  his  contact  with  others. 

What  general  duty  is  imposed  on  a  policeman  who  finds  a 
person  dead  under  circumstances  that  may  point  to  the  fact 
that  a  crime  has  been  committed,  and  give  all  the  things  under 


PRACTICAL  POLICE  WORK  249 

the  circumstances  that  a  policeman  should  do,  and  those  which 
he  should  not  do  in  order  to  observe  the  rule.  Show,  by  an  ex- 
ample, how  the  strict  observance  of  such  a  rule  may  serve  the 
ends  of  justice,  while  a  non-observance  of  it  might  have  the 
opposite  effect. 

What  line  of  conduct  must  a  policeman  observe 

(a)  While  walking  on  the  streets; 

(b)  While  riding  in  street  cars; 

(c)  While  riding  in  carriages ; 

(d)  While  riding  horseback; 

(e)  While  riding  bicycles; 

(f)  While  riding  in  autos. 

If  specially  assigned  to  observe  violations  of  the  liquor  tax 
law  mention  all  the  things 

(a)  That  a  policeman  should  do, 

(b)  All  that  he  should  not  do  in  the  performance  of  such 
a  duty,  and  give  a  reason  for  each. 

Suppose  you  were  assigned  in  a  populous  precinct  where  a 
parade  was  scheduled  in  honor  of  a  political  personage.  Five 
times  as  many  persons  as  were  expected  turned  out  in  sym- 
pathy and  along  the  route  were  lined  large  numbers  who  perpe- 
trated hostile  acts.  Write  a  report,  telling  ^hat  preparations  had 
been  made  for  handling  the  crowds  and  what  additional  things 
you  had  to  do  to  preserve  order  and  keep  the  peace. 

GENERAL  QUESTIONS 

A  is  a  watchman  in  charge  of  several  new  buildings  in 
course  of  erection.  There  is  a  quantity  of  wood  outside  the 
buildings.  He  comes  on  B,  trying  to  steal  the  wood  and  at- 
tacks B  with  an  iron  pipe.  B,  an  eighteen-year-old  boy,  tries  to 
defend  himself  with  a  stick  of  wood,  but  trips  and  falls,  hitting 
his  head  on  the  curb,  which  renders  him  unconscious.  A  is 
about  to  renew  the  attack,  when  C  interferes,  only  to  receive  a 
blow  from  A  which  opens  his  scalp.  C  grapples  with  the  watch- 
man and  knocks  him  down  where  he  holds  him  until  the  police 
arrive.  Explain  the  principle  of  law  that  governs  such  a  case,  who 
was  subject  to  arrest  and  who  not,  with  full  reasons. 

Suppose  you  were  informed  by  a  woman  that  she  had  over- 
heard A  threaten  that  on  the  first  opportunity  he  would  blow 
the  head  off  B,  that  he  had  provided  himself  with  a  gun  and  had 
given  every  evidence  of  an  intention  to  do  B  grievous  bodily 
harm. 


250  PRACTICAL  POLICE  WORK 

What  is  the  policemans  full  duty? 

Upon  what  theory  does  he  proceed  to  act? 

What  is  the  duty  of  the  courts 

(a)  In  case  the  charge  is  not  denied? 

(b)  In  case  there  is  a  denial? 

Suppose  a  magistrate  while  on  his  way  to  court  saw  an 
altercation  between  a  teamster  and  the  chauffeur  of  a  private 
auto,  who  accused  the  teamster  of  wantonly  injuring  the  auto. 
The  teamster  left  his  wagon  and  assaulted  the  chauffeur  with 
his  fists ;  then  after  remounting  his  wagon  gave  vent  to  a  stream 
of  filthy,  coarse  and  obscene  language.  There  is  no  policeman 
in  sight. 

What  is  the  power  of  the  magistrate  in  such  a  case  ?  What  is 
his  duty?  Give  the  full  procedure. 

( Suppose  the  chauffeur  appeared  against  the  teamster  ? 

(b)   Suppose  he  did  not? 

What  courts  have  authority  to  compel  offenders  to  keep  the 
peace  ? 

For  how  long? 

What  class  of  offenses  is  concerned  in  such  cases? 

What  exceptions  to  such  a  class? 

When  is  such  an  undertaking  broken? 

What  are  the  penalties   for  breaking  such  an  undertaking? 

Suppose  an  officer  is  given  a  warrant  to  execute  against  A 
employed  with  five  others  in  a  sash  factory  on  the  river  front, 
far  uptown.  When  A  and  his  associates  see  the  officer  they  barri- 
cade themselves,  refuse  him  admittance  and  jeer  at  him  from 
the  window.  The  officer  fears  if  he  leaves  the  place  A  will  es- 
cape across  the  river.  There  is  a  train  of  freight  cars  on  a  sid- 
ing on  which  there  are  three  or  four  men.  These  are  the  only 
persons  nearby.  Explain  the  officer's  duty,  his  powers  and  re- 
sponsibilities in  the  case,  the  offense  and  penalty  connected  with 
those  in  the  factory,  and  the  duty  of  the  railroad  men,  with  pen- 
alties for  refusal. 

A,  an  insurance  agent,  collects  several  premiums  varying  in 
amount  from  $9  to  $49,  for  which  he  fails  -to  make  an  account- 
ing. Then  he  skips  the  city  and  is  located  in  Newburg,  where 
he  is  employed.  Give  the  full  procedure  that  must  be  followed, 
both  by  the  insurance  company  and  by  the  police,  from  the  time 
he  is  re-discovered  up  to  the  time  of  trial  in  order  that  he  may  be 
brought  to  justice. 

In  answer  to  a  telephone  call  crying  burglars  on  a  cold  night 
three  policemen  respond.  As  they  reach  the  block  three  mert 


PRACTICAL  POLICE  WORK  251 

are  seen  to  leave  the  house  where  the  burglary  was  being  com- 
mitted, carrying  bundles,  and  enter  the  front  door  of  a  house 
across  the  street.  The  police  ring  the  bell,  and  not  getting  a 
prompt  response,  break  in  the  door  just  as  a  man  dashed  out  of 
the  basement,  is  caught,  shackled  and  chained  to  the  areaway 
railing.  In  the  vestibule  an  angry  butler  obstructs  the  police,  but 
is  brushed  aside  by  the  cops,  who,  entering  and  seeing  a  shadow 
cross  the  yard,  shoot  at  it  as  a  fleeing  burglar,  which  it  is  not. 
One  man  is  found.  Being  unable  to  find  the  other  man,  the 
police  demand  the  opening  of  a  vault-like  compartment,  but  the 
butler  is  unwilling  till  they  threaten  to  break  it  down,  when  he 
produced  a  key,  with  which  the  officer  opens  the  compartment 
and  enters.  As  he  did  the  door  sprung  shut  and  locked  him  in. 
The  butler  says  there  is  no  other  key.  Nobody  else  is  in  the 
house.  What  is  each  one  of  the  policemen  to  do?  Have  they 
been  justified  in  all  their  acts?  If  not,  where  do  they  err? 
Explain. 

A  informs  you  that  he  caught  B  picking  his  pocket  and  ar- 
rested him.  He  denied  that  A  had  the  right  to  arrest  and  re- 
fused to  go  along.  Then  he  broke  away  from  A  and  ran  into 
a  stable,  closing  and  bolting  the  door.  A  was  about  to  force  the 
door  when  C  arrived  and  told  A  to  go  about  his  business  or  he 
would  punish  him  for  destroying  C's  property.  C  was  owner 
of  the  stable.  A  appeals  to  a  policeman.  Explain  all  the  in- 
formation the  policeman  should  give  A  as  to  his  powers  and 
Avhat  assistance  he  should  render  to  A. 


CHAPTER  XV 

REPORTS 

The  purpose  of  a  report  is  to  test  a  man's  ability  to  understand 
a  subject  and  convey  his  knowledge  in  writing,  whether  he  is 
to  narrate  a  story,  describe  a  condition,  discuss  a  proposition 
or  argue  for  or  against  a  policy.  Usually  at  least  two  of  these 
things  are  required  in  the  same  report. 

Reports  are  judged  principally  on  account  of  the  quality  and 
quantity  of  the  matter  they  contain,  but  to  some  extent  on  the 
manner  of  their  construction  and  the  quality  of  composition. 
While  a  knowledge  of  the  subject  matter  is  necessary  to  the 
writing  of  a  good  report,  a  knowledge  of  construction  is  neces- 
sary to  the  writing  of  a  better  one.  Nobody,  therefore,  can 
expert  the  highest  marks  who  neglects  the  fundamental  re- 
quirements for  composition. 

The  first  attention  is  to  be  given  to  the  heading  containing  a 
statement  of  the  writer's  address  and  the  date  of  writing. 
Wrong —  January  i,  1919,  New  York  City 

Right—  New  York  City,  January  i,  1919. 

The  next  thing  in  a  report  is  the  salutation  and  its  position. 
Wrong — Police  Commissioner, 

New  York  City. 
Sir: 
Right —  The  Police  Commissioner 

City  of  New  York 
Sir: 

The  next  step  is  an  introduction,  the  purpose  of  which  is  to 
convey  to  the  person  reading  it  an  exact  idea  of  the  subject 
matter  of  the  report  he  is  going  to  make. 

Wrong — I  respectfully  submit  the  following  report  for  your 
consideration. 

Right — In  obedience  to  your  orders  is  submitted  a  report 
of  the  manner  in  which  the  recent  garment  workers'  strike  was 
handled  by  the  police  of  this  precinct. 

In  the  writing  of  the  report  the  first  important  rule  to  be 
observed  is  to  stick  to  the  subject. 

Wrong — The   strike  was   declared   on   December   19,   last. 

252 


PRACTICAL  POLICE  WORK  253, 

Its  object  was  to  secure  an  8-hour  day  and  an  increase  in  wages. 
Many  of  the  employees  were  of  foreign  birth  and  the  employer 
took  advantage  of  jtheir  ignorance. 

Right — On  receipt  of  notice  from  Burling  Brothers  that  a 
strike  had  been  declared  in  their  shop,  I  communicated  imme- 
diately with  the  firm,  and  made  arrangements  for  co-operation  in 
handling  the  strikers  and  preventing  crime  and  disorder.  The 
firm  was  notified  at  the  outset  that  the  employment  of  bullies 
to  beat  and  assault  the  strikers  would  not  be  tolerated. 

The  first  is  not  sticking  to  the  subject  of  handling  the  strike, 
the  second  is. 

The  body  of  a  report  should  first  have  a  statement  of  the 
facts  followed  by  a  discussion.  The  personal  opinions  of  the 
writer  should  not  be  inserted  at  this  stage. 

Wrong — The  strike  might  have  been  prevented  if  the 
firm  had  taken  the  trouble  to  consult  with  the  employees  and 
find  out  the  cause  of  discontent. 

Right — Fifty  operators  from  the  mechanical  departments 
went  on  strike  while  eleven  operators  and  seventeen  helpers  re- 
fused to  join  them.  Those  who  remained  expressed  themselves 
as  willing  to  continue  to  work,  if  protected,  but  unwilling  to 
run  the  risk  of  assault.  For  that  reason  it  was  arranged  that  all 
should  come  and  go  by  the  same  routes,  arrive  at  the  shop  at 
8  A.  M.,  take  their  lunches  on  the  premises  and  leave  at 
5  :30  P.  M. 

Afte^all  the  facts  are  related,  there  can,  in  most  cases  be  a 
discussion.  A  discussion  means  a  weighing  of  facts.  This 
should  be  done  impartially. 

In  not  sticking  to  the  subject,  the  common  fault  lies  in  taking 
too  wide  a  view  of  what  is  asked.  When  writing  upon  the 
handling  of  a  strike,  a  person  is  not  called  upon  to  give  all  the 
facts  about  the  strike.  When  giving  a  plan  of  handling  a  strike 
his  subject  is  different  from  one  which  describes  how  the  strike 
has  been  handled.  The  one  is  a  plan  to  be  put  into  execution,  the 
other  a  recital  of  what  has  already  happened. 

The  words  "in  my  opinion"  should  not  be  inserted  in  the 
introduction.  "In  my  opinion"  expresses  a  conclusion.  They 
belong  properly  towards  the  end. 

Hackneyed  expressions  such  as  "relative  to,"  "cope  with  the 
situation,"  should  be  avoided,  so  should  the  use  of  small  words 
after  the  sense  is  already  complete.  They  are  merely  redundant 
and  add  nothing  to  what  has  been  said  already. 

Slang  expressions  and   such  colloquialisms  as  "Don't"  have 


254  PRACTICAL  POLICE  WORK 

no  place  in  a  written  report.  Neither  should  a  word  be  used 
unless  the  meaning  of  it  is  perfectly  clear  to  the  writer,  nor 
should  a  sentence  be  used  unless  the  meaning  is  clear.  To 
make  certain  of  this,  it  should  be  read  over. 

Police  expressions,  such  as  "while  I  was  patrolling  my  post" 
or  "When  I  arrived  on  the  scene,"  I  did  so  and  so,  should  not 
be  used.  It  is  assumed  that  the  man  must  have  been  patrolling 
his  post,  and  he  could  not  do  things  at  the  scene  if  he  were  away 
from  it.  There  is  altogether  too  much  use  of  what  is  known  in 
grammar  as  the  gerund,  that  is  words  ending  with  ing,  such  as 
"walking  along,"  seeing  ahead;"  on  account  of  them  sometimes 
the  sentence  and  hence  the  sense  is  left  incomplete. 

The  man  who  believes  he  can  learn  to  write  the  best  reports 
without  good  training  and  long  practice  is  fooling  himself.  Re- 
port writing  is  not  acquired  in  a  day,  a  week  or  a  month.  If  it 
were  it  would  be  a  small  test  of  a  man's  intelligence. 

In  order  that  a  report  be  effective,  it  must  not  merely  con- 
tain good  thoughts  or  interesting  statements;  it  must  be  well 
organized  as  a  whole.  It  cannot  be  a  well  organized  whole,  if 
the  writer  puts  down  thoughts  or  statements  at  haphazard,  just 
as  they  occur  to  him.  To  get  good  organization,  a  plan  is  first 
necessary  and  he  must  follow  that  plan.  He  must  before  he 
begins  to  write,  decide  on  a  few  topics  and  on  each  topic  write 
a  passage  constituting  a  unit  of  the  whole  report.  Unless  this 
plan  of  organization  is  followed  the  report  is  likely  to  be  a 
collection  of  pieces — not  a  well  made  whole.  The  ideas  may  be 
individually  good,  but  the  composition  is  poor.  As  in  warfare 
a  band  of  men,  though  strong  and  brave  individually,  is  collec- 
tively weak  unless  well  organized  so  a  report,  though  its  parts 
may  be  forcible,  is  weak  as  a  whole  unless  well  organized. 

Two  wheels,  a  diamond  frame,  a  chain  and  a  pair  of  handle 
bars  all  piled  in  a  heap  may  be  good  material  for  a  bicycle,  but 
they  are  far  from  being  a  good  bicycle  any  more  than  a  series 
of  haphazard  remarks  not  organized  as  a  whole  make  a  good 
report.  Material  belonging  in  one  part  of  the  report  should 
not  be  placed  carelessly  in  another  .part. 

Conjunctions  like  "but"  and  "and"  should  not  be  misused 
while  care  should  be  taken  not  to  misuse  the  prepositions  "of," 
"for,"  "by,"  "from,"  nor  the  adverbs,  "when,"  "where,"  "which," 
"who,"  "whom."  When  these  are  not  properly  used  carelessness 
or  ignorance  is  indicated.  They  should  not  be  omitted  when 
their  presence  in  a  sentence  or  as  a  connection  is  called  for. 

In  writing  a  report  the  writer  should  not  shift  carelessly  be- 


PRACTICAL  POLICE  WORK  255, 

tween  the  present  and  past  tense.  He  should  decide  at  the  be- 
ginning what  tense  to  use  and  then  use  it  consistently.  The  mode 
of  expression  should  also  be  uniform.  "Shall"  as  a  sign  of  the 
imperative  is  used  in  the  law.  When  the  law  is  being  para- 
phrased and  not  quoted  directly  the  mode  is  changed  and  "shall" 
is  improperly  used. 

When  the  facts  have  been  all  discussed,  there  may  be  a  reca- 
pitulation, a  conclusion  and  sometimes  the  expression  of  an  opin- 
ion. .  It  should  be  such  an  opinion,  however,  as  is  the  natural 
conclusion  that  flows  from  a  discussion  of  the  facts  and  the  rea- 
sons advanced.  An  opinion  without  facts  and  reasons  is  of  no 
value.  A  conclusion  that  is  contrary  to  the  logical  one  that 
would  flow  from  the  facts  and  their  discussion  shows  poor  rea- 
soning. 

Some  of  the  common  faults  of  a  report  are: 

1.  The  idea  intended  is  not  clearly  conveyed. 

2.  The  thought  is  not  completed  in  the  sentence. 

3.  The  subject  matter  of  the  report  is  not  stuck  to  through- 
out. 

4.  The  statements  are  often  incoherent. 

5.  The   report  is   not  properly  organized ;  materials  which 
belong  in  one  place  being  placed  carelessly  in  another. 

6.  Capital  letters  are  used  where  they  should  not,  and  not  % 
used  where  they  should  be. 

7.  Two  modes  of  expression  and  two  tenses  are  often  em- 
ployed in  the  same  sentence. 

8.  Little  attention  is  given  to  where  a  paragraph  begins  or 
ends. 

9.  Statements  are  too  general  and  therefore  lack  strength. 
The  simplest  kind  of  a  report  is  that  in  which  the  writer 

narrates  or  relates  incidents  that  have  happened.  More  difficult 
is  the  report  calling  for  a  description  of  a  condition,  while  to 
discuss  a  subject  or  to  argue  for  or  against  a  policy  is  more  diffi- 
cult. Still  most  reports  combine  both  description  and  discussion. 

When  ten  facts  should  be  stated  it  is  not  enough  to  state 
three;  when  the  matter  can  be  discussed  from  three  standpoints 
it  is  not  enough  to  discuss  it  from  one.  When  a  thought  can  be 
expressed  in  ten  words  it  is  foolish  to  employ  thirty.  The  more 
padded  a  report  is  the  weaker  it  is. 

Xo  fault  is  more  common,  more  glaring  in  bad  reports  nor 
more  offensive  than  the  promiscuous  use  of  capital  letters. 

Capital  letters  should  begin  every  sentence,  should  be  used 
where  proper  names  are  used,  or  the  days  of  the  week,  or  the 


256  PRACTICAL  POLICE  WORK 

month  of  the  year  or  when  an  important  word  like  the  Charter 
or  the  Constitution  is  used,  or  when  something  is  quoted,  or  when 
titles  are  used  and  hi  a  few  other  cases  that  do  not  come  under 
policemen's  use. 

Right — Commissioner  Smith  was  present. 

Either  permissible — The  Commissioner  said  so,  or 
the  commissioner  said  so. 

Wrong — We  work  for  the  City. 

Right — We  work  for  the  city. 

Right — We  work  for  the  City  of  New  York. 

Wrong — The  Executive  power  is  vested  in  the  Mayor. 

Right — The  executive  power  is  vested  in  the  mayor. 

Right — Mayor  Jones  exercises  executive  power. 

Wrong — I  found  the  child  in  the  Public  Highway. 

Right — I  found  the  child  in  the  public  highway. 

Wrong — A  Policeman's  duty  is  to  Prevent  Crime. 

Right — A  policeman's  duty  is  to  prevent  crime. 

Wrong — The  matter  was  turned  over  to  the  Detectives. 

Right — The  matter  was  turned  over  to  Detective  Smith. 

Wrong — I  served  the  Chauffeur  with  a  Summons. 
Right — I  served  the  chauffeur  with  a  summons. 

Since  facts  are  the  most  necessary  element  in  a  report  it  is 
foolish  to  expect  to  make  a  good  report  without  a  knowledge  of 
all  the  pertinent  facts  and  their  arrangement  in  the  proper  order. 
Assume  that  the  subject  of  the  report  was  the  necessity  for  ordi- 
nances to  prevent  unnecessary  noises  in  the  streets  or  other  places, 
and  flie  provisions  which  such  ordinances  should  make.  In  such 
a  case  the  candidate  should  set  forth,  first  the  conditions  that 
make  such  ordinances  necessary  including  the  persons  and  places 
affected  by  unnecessary  noises ;  the  agencies  that  create  unneces- 
sary noises  and  then  the  substance  of  the  proposed  ordinances. 
The  following  facts  should  be  woven  with  greater  elaboration 
into  such  a  report. 

Anti-noise  ordinances  are  designed  to  protect  the  nervous 
from  irritation  and  consequently  to  protect  the  health  of  the 
public.  A  person  may  violate  these  ordinances  either  by  an  act 
or  speech  or  by  making  unnecessary  or  unusual  noise  or  disturb- 
ance or  when  he  does  anything  that  aids,  countenances  or  en- 
courages others  by  a  speech  that  is  profane,  obscene  or  vulgar 
if  done  in  public  places.  The  persons  injuriously  affected  must 
be  either  occupying  the  public  places  or  in  residences  adjacent 
to  them.  They  must  either  be  annoyed  or  inconvenienced. 


PRACTICAL  POLICE  WORK  257 

Hospitals  and  schools  are  to  be  particularly  protected  against 
unnecessary  noises,  the  former  because  the  health  of  the  sick  and 
convalescent  is  liable  to  injury,  the  latter  because  their  studies 
would  be  disturbed.  Borough  Presidents  can  put  up  signs  of 
warnings  on  the  corners  of  the  blocks  on  which  they  are  located 
or  pave  the  streets  around  them  with  noise  lessening  pavement 
while  the  Police  Commissioner  can  divert  all  heavy  or  noisy 
vehicular  traffic.  Individuals  must  behave  themselves  quietly  in 
the  vicinity  of  those  places  and  make  no  unnecessary  noises,  drive 
vehicles  no  faster  than  a  walk  and  obey  any  regulations  the  po- 
lice department  may  prescribe.  Peddlers  and  junkmen  and  itin- 
erant musicians  and  organ  grinders  are  not  to  operate  in  the  im- 
mediate vicinity  of  these  institutions  at  distances  varying  accord- 
ing to  the  operator.  They  are  not  to  cry  wares  between  hours 
when  persons  sleep  as  people  want  repose  nor  ring  bells,  beat 
drums  nor  make  any  unusual  noise,  while  steel  rails  cannot  be  car- 
ried loose  along  rough  paved  streets. 

Courts  are  to  be  protected  while  sitting  against  any  kind  of 
noise  that  would  disturb  the  proceedings,  but  the  courts  have  the 
power  within  themselves  to  give  themselves  protection.  Sick  in 
private  houses  can  on  occasions  get  protection  if  they  spread  tan 
bark  at  their  own  expense  outside  their  homes.  Fowls  that  crow 
early  in  the  morning  are  barred  from  residential  districts  and 
even  barking  dogs  can  be  suppressed.  The  blowing  of  sirens, 
whistles  and  horns  can  be  stopped. 

The  "Plan"  is  the  pivot  around  which  the  following  report 
revolves : 

Write  a  report  giving  a  comprehensive  plan  of  dealing  with 
a  shirt  waist  makers'  strike  in  your  precinct. 

New  York,  May  i,  1919. 
The  Police  Commissioner, 
City  of  New  York. 

Sir:  Obedient  to  your  instructions,  I  am  submitting  a 
plan  of  police  action,  to  guard  against  violations  of  the  law, 
arising  out  of  the  strike  of  shirt  waist  makers  at  Cohen's  factory, 
20  West  40th  Street. 

Sixty-seven  operators  at  the  4Oth  Street  factory  quit  work 
yesterday  when  a  demand  for  higher  wages  and  shorter  hours 
had  been  refused  by  the  firm.  Some  twenty  other  employees 
refused  to  go  on  strike,  and  the  firm  has  inserted  advertisements 
in  the  daily  papers  for  workers  to  take  the  places  of  the  strikers. 
It  would  appear,  therefore,  that  a  determined  effort  is  to  be  made 
by  both  sides  to  win.  Constant  and  unremitting  attention  by  the 


258  PRACTICAL  POLICE  WORK 

police  will  be  needed  to  prevent  violence. 

I  have  formed  a  plan  for  giving  employees  protection  while 
coming  to  and  going  from  the  factory,  as  well  as  for  preserving 
order  in  the  immediate  vicinity  of  the  place.  To  carry  this  plan 
into  effect,  four  men  in  uniform,  specially  assigned  are  needed 
to  cover  four  avenues  of  approach  to  the  factory  and  co-operate 
with  the  regular  policemen  on  post  in  preventing  workers  from 
being  assaulted  and  beaten. 

The  strikers  in  this  case  are  especially  difficult  to  handle. 
They  are  all  women,  all  foreigners,  excitable  and  lacking  in  self- 
control.  Few  speak  or  understand  the  English  language  and 
most  of  them  are  willing  and  able  to  fight  with  the  police  as  well 
as  with  other  workers.  Since  they  cannot  be  made  to  understand 
'  their  responsibility  trouble  is  possible. 

By  an  arrangement  with  the  firm,  workers  will  be  assembled 
from  four  different  points,  and  taken  to  the  factory  in  automo- 
biles at  8  o'clock  each  morning.  A  policeman  in  uniform  will 
accompany  each  vehicle  to  protect  it  from  missiles,  both  coming 
to  and  going  from  the  shop. 

The  strikers  will  undoubtedly  concentrate  their  efforts  on 
keeping  new  workers  from  responding  to  the  advertisements. 
These  new  workers  will  have  to  run  the  gauntlet  of  seventy  odd 
strikers  who  will  picket  every  block  within  half  a  mile  of  the 
factory,  and  stop  and  question  every  person  suspected.  Many 
innocent  persons  are  likely  to  be  suspected,  and  there  is  grave 
danger  of  some  of  them  being  assaulted.  The  four  patrolmen 
specially  assigned  together  with  the  regular  post  men  and  as  many 
plain  clothes  men  as  conditions  call  for  will  be  needed  to  keep  the 
pickets  in  hand  and  keep  them  from  molesting  others. 

The  situation  is  aggravated  by  the  presence  of  a  number  of 
parlor  socialists  who  are  aiding  and  advising  the  women  on  strike. 
While  these  may  help  by  advising  a  compliance  with  the  law, 
their  presence  is  likely  to  encourage  the  strikers  to  acts  of  vio- 
lence on  account  of  the  moral  support  it  gives  them. 

The  men  handling  the  strike  are  instructed  to  use  no  unneces- 
sary violence  towards  the  women,  to  show  no  sympathy  with 
either  side  and  to  confine,  their  efforts  solely  to  the  preservation 
of  peace  and  the  protection  of  life  and  property. 

Respectfully, 

JOHN  DOE, 
Captain  looth  Precinct. 


PRACTICAL  POLICE  WORK  259 

This  is  a  report  on  traffic  problems  : 

»  New  York,  January  i,  1919. 

The  Police  Commissioner, 
City  of  New  York. 

Sir:  I  respectfully  submit  a  report  on  the  problems  involved 
in  the  regulations  of  traffic  in  New  York  City. 

The  conditions  of  traffic  involving  congestion  and  needing 
correction  are  of  two  kinds,  pedestrian  and  vehicular.  Pedes- 
trians cross  the  streets  at  points  other  than  cross  walks,  often 
run  along  without  looking,  read  books  or  papers  while  crossing, 
hold  up  umbrellas  which  obstruct  their  view  and  frequently  stop 
to  converse  with  friends  in  the  middle  of  the  roadway.  They 
step  on  and  off  cars  while  in  motion,  pass  behind  vehicles  without 
looking  for  the  approach  of  another  vehicle  from  the  opposite 
direction,  and  frequently  get  excited  in  the  roadway  on  the  ap- 
proach of  a  fast  moving  automobile,  which  brings  about  mental 
confusion  and  frequent  injury  through  collision.  Boys  and  chil- 
dren play  games  in  the  streets,  jump  on  and  off  moving  trucks 
and  cars,  roller  skate  on  the  asphalt  pavement,  coast  down  hills 
in  winter  and  operate  pushmobiles  on  the  pavement.  The  road- 
beds of  crowded  streets  in  busy  sections  are  frequently  used  by 
persons  afoot  which  often  results  in  collision  and  injury. 

The  concentration  of  large  numbers  of  employees  in  certain 
buildings  congests  the  sidewalk  at  certain  hours  of  the  day.  This 
is  particularly  true  of  the  large  office  buildings  on  narrow  streets 
in  the  commercial  district  of  lower  Manhattan,  the- loft  buildings 
in  the  vicinity  of  Madison  Square  and  the  theatres  and  depart- 
ment stores  of  the  Times  Square  district. 

Drivers  of  vehicles  drive  recklessly,  often  leave  their  teams 
unattended  in  the  roadway,  pass  on  the  wrong  side  of  the  street, 
pass  too  close  to  unloading  street  cars,  cut  corners,  stop  on  street 
crossings  and  at  other  places  without  warning,  turn  in  the  middle 
of  the  block,  back  up  to  the  curb  while  loading  and  unloading  and 
fail  to  keep  proper  control  of  their  horses  or  motors.  Vehicles 
are  sometimes  operated  by  men  intoxicated,  by  men  without  suffi- 
cient training,  and  by  immature  children.  Chauffeurs  are  espe- 
cially disposed  to  operate  their  cars  at  an  excessive  rate  of  speed 
and  at  night  time  without  proper  lights.  Their  brakes  are  fre- 
quently defective  and  their  warning  devices  out  of  order. 

Owing  to  the  millions  of  persons,  visitors  and  commuters 
who  enter  and  leave  the  city  daily,  traffic,  both  vehicular  and 
pedestrian,  is  at  times  greatly  congested  at  the  railroad  stations 
and  in  the  vicinity  of  the  most  prominent  ferries. 


260  PRACTICAL  POLICE  WORK 

The  conditions  enumerated  cause  collisions  between  vehicles, 
between  pedestrians  and  vehicles  and  between  one.  person  and 
another.  They  cause  persons  to  fall  down,  to  be  run  over, 
injured  and  killed,  property  to  be  damaged  and  destroyed,  and 
traffic  to  be  delayed,  impeded  and  stopped  to  the  detriment  and 
inconvenience  of  the  travelling  public.  Children  are  sometimes 
injured,  maimed  and  killed,  and  business  of  all  kinds  is  subjected 
to  loss  and  irreparable  injury. 

The  remedy  for  the  foregoing  conditions  lies  in  education, 
regulation  and  punishment.  Education  can  best  be  imparted 
through  a  bureau  specially  established  to  teach  both  pedestrians 
and  drivers  of  vehicles  how  to  observe  the  rights  of  others.  This 
can  best  be  done  by  the  distribution  of  pamphlets  teaching  them 
what  to  do  and  what  to  avoid,  by  the  distribution  of  posters 
illustrating  how  accidents  occur,  by  having  lectures  in  places 
where  people  are  likely  to  assemble  such  as  stables,  garages, 
schools  and  department  stores  and  by  means  of  slides  in  moving 
picture  houses. 

Regulation  of  traffic  conditions  can  be  accomplished  by  the 
adoption  of  proper  ordinances  by  the  Board  of  Aldermen  supple- 
mented by  more  detailed  rules  for  the  regulation  of  traffic,  the 
maintenance  of  a  traffic  squad  charged  with  the  strict  enforce- 
ment of  such  rules  and  ordinances. 

Finally  the  establishment  and  maintenance  of  a  traffic  court, 
specially  equipped  and  presided  over  by  magistrates  with  an  inti- 
mate knowledge  of  the  law,  the  conditions  within  the  city,  and 
of  the  disposition  of  violators  who  will  administer  even  punish- 
ment will  result  in  improvement  of  the  conditions  complained  of. 

Respectfully, 

The  three  subsequent  reports  relate  to  matters  on  which  it  is 
the  duty  of  the  police  to  take  action"  and  report.  This  variety  is 
an  easy  sort  of  report  to  write,  yet  the  ratings  on  such  reports 
are  just  as  wide  as  on  any  other.  This  is  because  the  condi- 
tions are  not  unusually  well  stated,  the  manner  of  the  happen- 
ing not  well  described  and  the  action  not  properly  set  forth. 

In  one  material  respect  the  reports  differ.  The  causes  of  the 
street  accidents  is  set  forth  in  detail,  that  of  the  building  accident 
is  not.  In  the  one  the  policeman  saw  what  had  happened  and 
was  in  a  position  to  state  facts  from  his  own  knowledge.  In  the 
other  he  was  not  in  such  a  position  since  he  did  not  know  the 
cause  and  another  department  is  responsible  for  that  duty. 


PRACTICAL  POLICE  WORK  261 

New  York,  May  i,  1919. 

Commanding  Officer,  looth  Precinct. 

« 

Dear  Sir:  I  respectfully  submit  a  report  of  a  collision  be- 
tween an  automobile  and  a  United  States  mail  wagon  which  oc- 
curred at  42nd  Street  and  Madison  Avenue  at  10  o'clock  this 
morning. 

While  passing  south  on  Madison  Avenue  my  attention  was 
called  to  an  automobile  descending  the  hill  on  Madison  Avenue 
between  4ist  and  42nd  Street.  The  chauffeur  was  sounding  his 
horn  furiously  and  the  car  was  going  at  a  speed  which  indicated 
that  the  brakes  were  not  working  properly.  Several  other  ve- 
hicles were  in  the  block  at  the  time,  the  drivers  of  which  saw 
the  danger  and  managed  to  get  out  of  the  way. 

A  U.  S.  mail  wagon  was  going  east  on  42nd  Street.  The  driver 
looked  at  the  approaching  automobile,  kept  on  his  course  leisurely 
and  made  no  effort  to  avoid  being  struck.  The  automobile  struck 
the  front  wheel  of  the  mail  wagon  and  overturned  it,  throwing 
the  driver  into  the  street.  The  hood  and  radiator  of  the  automo- 
bile were  crumpled  in,  and  the  chauffeur  was  thrown  through  the 
wind  shield  to  the  street.  Two  women  who  were  passengers  in 
the  automobile  were  thrown  forward  from  the  tonnau,  cut  by 
flying  glass  and  otherwise  injured. 

I  told  Patrolman  Jones  who  was  present  to  call  an  ambulance 
and  notify  the  station  while  I  went  to  the  aid  of  those  who  were 
injured.  I  picked  up  the  driver  of  the  mail  wagon  who  mur- 
mured "I  had  the  right  of  way"  and  then  became  unconscious. 
With  the  aid  of  some  citizens  he  was  carried  to  the  drugstore 
on  the  corner. 

I  found  the  chauffeur  bruised,  bleeding  and  unconscious  and 
had.  him  removed  to  the  drugstore  also.  Meantime  other  citizens 
had  been  ministering  to  the  two  women  who  were  still  in  the 
wreck  of  the  automobile.  They  were  both  hysterical  and  suffer- 
ing from  shock  and  cuts  when  the  ambulance  arrived.  They,  too, 
were  taken  to  the  drugstore  and  treated.  They  refused  to  go  to 
a  hospital  and  were  sent  home  in  a  taxi-cab.  One  of  them  before 
leaving,  reported  the  loss  of  a  lady's  Tiffany  gold  watch. 

The  driver  and  chauffeur  were  removed  to  Bellevue  Hospital, 
still  unconscious.  The  driver  of  the  mail  wagon  was  made  a 
prisoner  on  my  complaint  and  put  in  the  custody  of  Officer 
Jones.  An  employee  of  John  Adams,  the  mail  contractor,  arrived 
and  took  charge  of  the  mail  wagon ;  the  automobile  was  safe- 
guarded pending  an  examination  by  a  department  expert.  De- 


262  PRACTICAL  POLICE  WORK 

tective  Griffith  who  appeared,  took  charge  of  the  search  for  the 
watch.    The  names  of  all  the  parties  concerned  are  as  follows: 

Respectfully, 

New  York,  N.  Y.,  October  4,  1916. 
The  Commanding  Officer, 

Twenty-third  Precinct. 

Dear  Sir:  I  respectfully  submit  a  report  of  a  collision  in 
which  a  delivery  wagon,  an  automobile  and  a  street  car  were 
concerned  which  took  place  on  42nd  Street  east  of  5th  Avenue  at 
ii  o'clock  this  morning  in  my  presence,  and  which  resulted  in 
injuries  to  eight  persons  and  damage  to  the  vehicles  which 
collided. 

At  the  time  the  accident  occurred  42nd  Street  was  crowded 
with  vehicles  and  the  sidewalks  with  pedestrians.  A  new  building 
is  in  course  of  erection  on  the  southeast  corner  of  the  street  and 
5th  Avenue.  The  sidewalk  is  covered  over  at  that  point  and  the 
supports  obstruct  both  street  and  sidewalk.  Part  of  the  space 
opposite  was  occupied  by  a  stationary  sand  and  material  wagon 
while  there  was  a  large  hole  on  the  south  side  of  the  street  extend- 
ing along  from  the  sidewalk  covering.  Lined  along  the  north 
side  of  the  street  were  five  taxis,  six  automobiles,  a  horse  cab 
and  a  repair  wagon.  On  the  south  side,  backing  up  against  the 
curb,  was  a  coal  wagon  delivering  coal  to  16  E.  42nd  Street  with 
a  repair  wagon  immediately  to  the  west.  At  that  point  where 
the  accident  happened,  there  is  a  switch  rail  for  switching  cars 
from  one  car  track  to  the  other.  A  large  delivery  wagon  belong- 
ing to  the  Loft  Candy  Manufacturing  concern  added  to  the 
congestion. 

The  delivery  wagon  started  across  the  street  to  the  north 
just  as  a  green  street  car  was  being  switched  from  the  east  to 
the  west  bound  track.  The  car  slipped  on  the  greasy  rails,  got 
beyond  control  of  the  motorman  and  struck  the  wagon  in  the 
center,  unseating  the  driver  and  throwing  him  into  the  street. 
The  horses  took  fright,  sprang  forward,  and  smashed  into  a  seven- 
passenger  automobile  going  east.  The  automobile  was  upset  and 
the  passengers  thrown  into  the  excavation  which  the  contractors 
had  dug  on  the  south  side  of  the  street. 

I  summoned  an  ambulance  immediately.  When  one  ar- 
rived from  Bellevue  Hospital,  the  injured  persons  had  been  re- 
moved to  Riker's  drugstore  opposite.  Three  of  them  were  re- 
moved to  the  hospital;  the  others  sent  home. 

With  the  aid  of  officers,  so  and  so,  I  cleared  the  street  and 


PRACTICAL  POLICE  WORK  263 

after  a  lapse  of  twenty  minutes,  traffic  was  resumed. 

The  following  are  the  names  and  dispositions  of  the  persons 
concerned  in  the  accident  and  witnesses : 

Respectfully  submitted, 

Write  a  report  of  350  words,  describing  the  collapse  of  a 
building  on  your  post,  the  results  of  the  collapse  and  the  action 
yon  took. 

New  York,  N.  Y.,  August  8,  1919. 
The  Police  Commissioner, 
City  of  New  York. 

Sir:  I  respectfully  submit  the  following  report  on  the 
collapse  of  an  apartment  house  at  i5oth  Street  and  Moore  Avenue, 
this  morning  and  the  action  taken  by  me  in  consequence. 

I  learned  at  10  A.  M.,  while  on  my  post  a  block  away,  that 
the  Calton  Apartments  in  course  of  erection  at  the  above  address 
had  collapsed.  When  I  reached  the  place  a  minute  later  I  found 
that  the  front  walls  had  tumbled  into  the  street  and  carried 
with  them  the  four  floors  already  up.  The  scaffolding  was 
buried  under  a  pile  of  debris  as  were  also  most  of  the  men  who 
had  been  at  work  on  the  building. 

From  Scott's  drugstore,  next  door,  I  telephoned  to  the  station 
house  and  asked  for  reserves.  When  I  returned  to  the  building 
I  found  about  twenty  persons  there,  staring  at  the  ruins  but 
doing  little  to  help  those  buried  beneath  the  brick  and  mortar.  I 
directed  them  to  begin  at  once  to  clear  away  the  debris  as  many 
of  the  buried  workmen  were  still  probably  alive.  They  responded 
very  willingly  and  in  another  minute  or  so  had  rescued  eleven 
men  of  whom  ten  were  living. 

In  response  to  my  call,  Lieut.  Dillon  appeared  with  ten  pa- 
trolmen. Soon  afterward  the  Fire  Department  men  arrived, 
and  the  work  of  rescue  was  prosecuted  vigorously.  Ultimately 
twenty  persons  were  taken  out  of  whom  only  two  were  dead. 

Ambulances  from  the  Hope,  Mercy  and  Rescue  Hospitals 
arrived  promptly  and  the  physicians  ordered  seven  persons  to  the 
hospitals  and  allowed  eleven  to  go  to  their  homes.  John  Jones, 
10  Frankfort  Street,  and  Frank  Fox,  18  Hill  Street,  were  pro- 
nounced dead  and  their  bodies  sent  to  the  morgue.  The  names 
of  the  injured  and  their  disposition  is  herewith  submitted. 

The  Carlton  Apartments  have  been  under  construction  since 
June  I  by  Dodge  Brothers,  builders  and  contractors  of  mi 
Broadway.  They  were  to  be  eight  stories  on  a  plot  75  x  TOO. 
At  various  times  during  the  work  I  have  seen  Inspectors  Smith 


264  PRACTICAL  POLICE  WORK 

and  Kenny  making  inspections.  No  reports  of  the  unsafety  of 
the  building  reached  me  prior  to  the  collapse.  The  building  has 
been  taken  charge  of  by  the  Building  Department. 

Respectfully, 

The  following  report  written  by  a  Police  Lieutenant  is  worth 
at  least  95% : 

New  York,  N.  Y.,  March  31,  1919. 
The  Municipal  Civil  Service  Commission, 
City  of  New  York. 

Sirs :  In  obedience  to  your  orders  I  submit  a  report  on  the 
difficulties  of  handling  crowds  on  very  important  occasions,  such 
as  big  parades,  when  large  numbers  of  citizens  congregate  here. 

Various  causes  may  be  assigned  for  such  difficulties,  but  the 
following  are  the  primary  ones: 

1.  Geographical  formation  of  the  city;  making  it  difficult  to 
distribute  the  traffic  equally  on  all  streets. 

2.  Volume  of  shipping  at  the  port  of  New  York. 

3.  Streets  too  narrow   to  accommodate  crowds  which  as- 
semble on  occasions  of  any  demonstration. 

4.  Necessity  of  keeping  certain  streets  open  for  fire,  ambu- 
lance and  street  car  traffic. 

5.  Unwillingness   of   certain   residents   to   comply   with   the 
orders  of  the  Police  Department. 

6.  Lack  of  proper  material  with  which  to  fence  off  certain 
streets   or  squares  when   it  is   necessary,   for  properly  policing 
them. 

7.  Lack  of  foresight  by  members  of  the  Police  Force  who 
are  intrusted  with  the  formulation  of  plans  for  policing  large 
processions  or  assemblages. 

8.  Unwillingness  of  magistrates  to  punish  offenders  brought 
before  them  by  policemen  for  violations  of  laws  and  ordinances  in 
connection  with  parades  or  assemblages. 

That  all  those  difficulties  may  be  overcome,  a  comprehensive 
plan  of  policing  each  large  assemblage  or  parade  should  be  for- 
mulated before  the  event  so  that  all  officers  and  men  assigned 
to  the  duty  of  handling  them  will  have  sufficient  time  to  famil- 
iarize themselves  with  it.  The  method  of  policing  each  parade 
or  assemblage  by  itself  will  have  to  be  considered,  because  the 
conditions  of  each  will  be  different. 

Large  parades  should  be  given  permits  for  wide  streets  where 
the  crowds  that  assemble  to  view  it  will  have  sufficient  room  to 
stand  on  sidewalk  and  roadway  without  interfering  with  the 


PRACTICAL  POLICE  WORK  265 

passage  of  the  parade.  Small  parades  and  small  assemblages  for 
any  purpose  should  be  directed  to  march  or  congregate  where 
they  will  inconvenience  other  citizens  least. 

Necessary  wire  cables  and  stanchions  should  be  provided,  so 
that  streets  or  squares  might  be  roped  off  if  the  emergency  arose. 

In  cases  of  great  congestion  of  persons  on  sidewalk  or  road- 
way, policemen  should  be  placed  a  block  away  from  the  occupied 
street  or  avenue  at  the  intersection  of  right  angled  streets  to 
direct  the  pedestrian  traffic. 

In  military  parades  such  as  that  of  the  2/th  Division,  the 
military  authorities  should  be  requested  to  police  the  line  of 
march  on  both  sides.  This  would  release  members  of  the  police 
force  for  duty  in  rear  of  lines  of  pedestrians  and  at  intersecting 
streets  where  they  could  prevent  crowding  and,  if  necessary, 
stop  all  pedestrians'  traffic^ to  the  line  of  march. 

All  Police  Department  automobiles  should  be  mobilized  at  a 
convenient  location  so  that  they  could  be  lined  up  at  any  point 
where  the  police  lines  were  giving  way,  before  the  lines  broke. 
Automobiles  lined  closely  together  prove  an  effective  barrier 
against  any  on-rush  of  citizens. 

A  mounted  detail  should  also  be  placed  where  it  would  be 
easily  accessible.  Mounted  policemen  are  very  effective  in  hold- 
ing police  lines.  This  is  due  to  fear  by  citizens  of  being  trampled 
upon  by"  horses. 

A  reserve  force  of  officers  and  men  sufficient  to  cope  with 
any  emergency  likely  to  arise  should  be  placed  in  a  convenient 
place  (station  house)  along  the  line  of  march  where  they  can  be 
procured  in  a  few  minutes. 

It  is  not  necessary  to  describe  the  duty  of  each  police  official 
here.  This  is  done  by  written  orders,  and  no  one  can  plead  ig- 
norance of  them  as  an  excuse. 

Respectfully, 

In  the  following  report  on  a  comparison  of  the  Bertilon  and 
finger  print  systems  of  identification,  350  words  only  are  used 
because  the  subject  can  be  compared  in  that  number  of  words. 
While  the  sentences  are  rounded  out  there  is  no  waste  of  words. 

Both  systems  are  described,  then  the  advantages  of  the  finger 
print  system  are  pointed  out  and  finally  there  is  a  conclusion  in 
accordance  with  the  arguments,  and  the  only  logical  conclusion 
that  could  be  made  on  the  statements  in  the  report. 

The  report  is  not  long  because  the  subject  is  fully  covered  in 


266  PRACTICAL  POLICE  WORK 

the  space  taken  and  any  more  writing  would  be  in  the  nature 
of  padding. 

Feb.  25,  1915. 
John  Doe. 

Dear  Sir :  I  respectfully  submit  a  report  comparing  the  ringer 
print  system  with  the  Bertillon  system  for  identifying  criminals, 

The  Bertilon  system  is  based  upon  the  fundamental  fact  that 
no  two  persons  are  alike  in  size,  shape,  physical  appearance  or 
peculiarities  of  the  body.  It  is  put  in  use  by  the  taking  of  certain 
measurements  of  the  individual  such  as  height,  chest  and  waist 
;girth,  length  of  the  arms,  legs,  fingers,  nose  and  different  parts  of 
the  human  body.  It  includes  also  the  making  note  of  birthmarks, 
^cars,  deformities  and  peculiarities  of  the  mouth  formation,  as 
well  as  of  the  ears,  nose  eyebrows,  teeth,  chin  and  face,  including 
the  face  wrinkles.  In  addition  to  these  the  record  made  takes  in 
a  statement  of  the  person's  weight,  his  habits,  style  of  walking 
and  posture  in  sitting,  method  of  speaking,  and  all  peculiarities 
of  manner,  speech  or  personal  behavior. 

Like  the  Bertilon  system  the  finger  print  method  of  identifi- 
cation is  based  upon  the  fact  that  no  two  persons  are  physically 
alike.  It  takes  in  all  the  good  features  of  the  Bertilon  system, 
but  it  has  the  additional  merit  that  comes  from  the  fact  that 
physical  characteristics  noted  by  the  system  do  not  undergo  change 
in  the  person  identified.  It  is  put  in  use  by  smearing  the  fingers 
with  printers'  ink,  or  by  placing  the  fingers  on  a  slab  previously 
smeared,  rolling  them  around  until  properly  smeared  and  then 
rolling  the  fingers  over  white  paper  to  which  the  impression  is 
imparted. 

The  finger  print  system  is  the  better  of  the  two  because  it 
leaves  a  print  of  the  patterns  of  the  skin  ridges  which  never 
.change  but  remain  permanently  fixed  while  the  person  lives. 
With  the  Bertilon  system  records  are  taken  of  measurements 
-which  do  change  with  time.  A  man  often  may  grow  stout  or 
tthin,  his  height  decrease,  his  appearance  alter,  his  habits  vary,  his 
peculiarities  disappear  until  identification  through  former  charac- 
teristics becomes  impossible.  With  the  finger  print  system  rec- 
ords are  taken  of  marks  which  time  does  not  alter  nor  efface. 
It  is  therefore  the  better  and  more  dependable  of  the  two. 

Respectfully, 
-  • 

No  kind  of  report  is  more  often  asked  for  than  that  which 
calls  for  the  advantages  and  disadvantages  of  a  certain  system 


PRACTICAL  POLICE  WORK  267 

or  practise.     The  following  is  a  sample, : 

New  York,  N.  Y.  Feb.  n,  1915. 
The  Police  Commissioner, 
City  of  New  York. 

Sir :  In  obedience  to  orders,  I  respectfully  submit  my 
views  on  the  advantages  and  disadvantages  of  the  system  of  al- 
lowing policemen  to  interview  the  Commissioner  directly,  instead 
of  waiting  for  permission  to  be  given  through  official  channels. 

Advantages:  The  Police  Commissioner  will  get  information 
first  hand.  He  will  get  more  thorough  reports  on  any  subject 
of  importance  than  could  possibly  come  to  him  through  formal 
reports.  He  will  gain  a  better  undo  standing  of  the  men  under 
his  command/  their  wants  and  necessities ;  he  will  be  able  to 
learn  more  of  the  peculiar  conditions  in  each  precinct,  get  different 
viewpoints  of  his  commanding  officers  and  their  suitability  for 
different  grades  of  work.  Through  this  means  he  can  improve  ' 
police  conditions  by  placing  officers  where  they  can  work  to  the 
best  advantage  and  remove  to  more  suitable  places  the  men  whose 
work  is  unsatisfactory. 

The  ordinary  patrolman  from  his  practical  experience  may 
have  valuable  ideas  of  the  best  methods  of  improving  certain 
police  conditions. 

Patrolmen  may  have  personal  grievances  arising  out  of  tem- 
perament which  may  not  be  agreeable  to  that  of  a  superior.  A 
man  with  a  grievance  is  usually  a  poor  policeman  and  the  trouble 
can  sometimes  be  cured  by  separating  the  men,  or  admonishing 
bcth  to  forget  their  troubles  and  remember  that  they  have  better 
and  more  important  work  to  do. 

Disadvantages:  The  Police  Commissioner  is  a  busy  man.  He' 
has  nearly  11,000  men  under  him  and  were  even  a  small  frac- 
tion of  these  to  seek  personal  interviews  other  important  duties 
would  have  to  be  neglected.  Some  men  are  likely  to*  abuse  the 
privilege  by  carrying  to  him  trivial  complaints.  If  the  Commis- 
sioner should  not  be  a  strong-minded  man  he  might  lose  his  sense 
of  proportion  and  give  too  much  attention  to  the  stories  of 
trouble  makers  and  those  who  carry  scandal.  Such  a  man  might 
undermine  discipline  through  giving  ear  to  gossip  and  rumor 
and  believing  what  he  had  heard  without  investigation.  Com- 
manding officers  would  become  afraid  of  their  own  men  and 
police  conditions  would  be  likely  to  suffer.  ^ 

Conclusions:  With  the  right  kind  of  man  for  Police  Com- 
missioner, one  who  can  separate  the  trifling  from  the  important, 
get  from  men  what  they  know  without  waste  of  time,  the  system 


268  PRACTICAL  POLICE  WORK 

of  direct  interview  affords  a  means  of  supplying  the  Commissioner 
with  a  knowledge  of  police  conditions  which  otherwise  could 
not  be  by  him  obtained. 

Respectfully  submitted, 

i 

The  following  report  is  on  a  complaint  referred  for  investi- 
gation by  the  Police  Commissioner: 

New  York,  January  i,  1919. 
The  Police  Commissioner, 
City  of  New  York. 

Sir:  Concerning  the  complaint  of  Patrolman  Jones  of 
this  precinct,  alleging  discrimination  on  the  part  of  his  associate 
officers,  the  following  report  is  submitted: 

The  complaint  which  came  from  your  office  on  the  7th  inst. 
states  that  since  December  18,  1918,  no  member  of  the  various 
squads  has  spoken  to  him,  that  on  various  occasions  his  equip- 
ment has  been  hidden,  that  his  memorandum  pad  has  been 
scratched  up  to  such  an  extent  as  to  be  unfit  for  use,  that  on 
several  occasions  his  bed  linen  has  been  soiled,  that  false  entries 
have  been  made  in  his  memorandum  book  and  that  he  has  re- 
cieved  intimations  from  a  source  outside  the  Department  that  if 
he  does  not  get  a  transfer  "the  gang  will  get  him." 

Jones  is  of  the  opinion  that  the  motive"  for  the  conduct  of 
the  other  officers  towards  him  lies  in  a  steadfast  refusal  on  his 
part  to  join  the  Patrolmen's  Association  and  too  great  a  readi- 
ness on  his  part  to  tell  superiors  of  the  delinquencies  of  his  as- 
sociates. 

In  substantiation  of  his  charges  Jones  cites  the  fact  that  on 
January  8,  9  and  10  his  pistol  was  taken  from  his  pocket,  his 
nippers  concealed  under  the  bed  clothes  and  his  billy  dropped 
behind  a  panel.  He  submitted  his  memorandum  book  for  in- 
spection bearing  pencil  marks  criss  crossed  with  entries  not  in 
his  handwriting  containing  false  and  misleading  statements  con- 
cerning the  facts  originally  entered  there.  He  called  attention  to 
a  complaint  made  by  him  to  Sergeant  Brown  concerning  the 
matters  spoken  of,  cited  Mary  Smith,  the  bed  maker,  as  a 
witness  of  the  soiling  of  his  bed  clothes  and  Frank  Fox,  a  drug- 
gist at  Ninth  Street  and  Madison  Avenue,  as  authority  for  the 
statement  that  his  brother  officers  had  conspired  to  injure  him. 

From  the  Sergeant,  the  bed  maker  and  the  condition  of  the 
memorandum  book  I  was  able  to  get  corroboration  of  Jones'? 
story.  Fox,  the  druggist,  however,  said  that  the  policeman 
had  misunderstood  him  while  none  of  the  officers  would  admit 


PRACTICAL  POLICE  WORK  269 

either  a  conspiracy  to  give  him  the  ''silent  treatment"  or  to  do 
him  other  harm.  Each  admitted  not  being  on  speaking  terms 
with  Jones  but  denied  the  allegation  that  trouble  had  begun  on 
the  date  mentioned  or  was  due  to  the  causes  alleged.  Patrolman 
Swift  said  Jones  was  disagreeable  and  they  had  not  exchanged 
words  in  a  year;  Patrolman  Toms  gave  a  private  quarrel  as  the 
reason  for  his  refusal  to  converse  with  Jones.  Others  said  that 
the  officer  was  sulky,  a  few  merely-  stated  that  he  was  "no  good." 
In  fact  each  member  of  the  squad  gave  a  different  reason  for  his 
own  conduct  towards  Smith  and  all  of  them  admitted  a  personal 
feeling  of  unfriendliness.  Each,  however,  denied  any  precon- 
certed action  and  no  one  would  admit  knowledge  or  connection 
with  the  acts  of  annoyance  to  which  Jones  was  subjected. 

As  a  result  of  my  investigations  I  am  satisfied  that  there  is  a 
basis  of  truth  in -the  charges,  in  fact  that  all  the  acts  complained 
of  have  been  committed.  I  am  also  satisfied  that  the  motives 
stated  are  not  the  correct  motives  but  that  the  real  reason  for 
the  conduct  of  the  men  is  Jones's  own  personality.  He  has  at 
various  times  complained  to  me  of  persecution.  In  fact  he 
thinks  himself  a  martyr  to  duty.  While  he  has  made  insinua- 
tions against  other  members  of  the  force  he  has  never  carried  to 
me  any  real  information  of  delinquencies  on  their  part.  There 
can,  therefore,  be  no  substantial  grounds  for  his  suspicions  on 
that  score.  The  men  say  they  do  not  want  him  in  the  Patrol- 
men's Association  as  he  would  be  a  trouble  maker.  I  am,  there- 
fore, of  the  opinion  that  the  motives  he  alleges  are  entirely 
incorrect. 

Since  it  would  be  detrimental  to  discipline  to  grant  his  re- 
quest at  the  present  time,  I  would  recommend  that  the  matter  be 
left  in  my  hands  for  the  present  and  that  he  be  not  transferred, 
.as  except  for  his  unfortunate  disposition  he  is  a  good  policeman. 
If  conditions  do  not  improve  I  shall  submit  another  recommen- 
dation. 

Respectfully, 

It  will  be  seen  that  since  a  complaint  is  the  basis  for  the 
making  of  this  report,  the  substance  of  the  complaint  should 
first  be  set  forth.  It  is  not  necessary  to  give  the  complaint  in 
extenso*.  The  investigations,  however,  should  be  described  in 
detail  but  the  manner  of  making  them  should  not,  while  the  per- 
sonality of  the  investigator  should  be  subordinated. 

This  report  calls  for  conclusions  and  recommen  'ation?,  an  1 
it  woul  1  be  incomplete  unless  both  were  given. 


270  PRACTICAL  POLICE  WORK 

The  next  report  relates  to  the  value  of  blank  summonses  and 
the  restrictions  on  their  use.  It  differs  from  the  previous  report 
inasmuch  as  it  calls  only  for  a  statement  of  the  purposes  and  of 
the  restrictions.  Since  the  practice  has  obviously  taken  the  place 
of  something  else,  a  short  history  of  the  subject  is  first  properly 
set  out.  This  is  followed  by  the  statements  called  for  in  the 
directions  and  brief  conclusions,  the  whole  making  a  report  of 
about  400  words. 

New  York,  November  29,  1916. 
Municipal  Civil  Service  Commission, 
City  of  New  York. 

Gentlemen:  I  respectfully  submit  a  report  on  the  general 
and  specific  purposes  served  by  the  issuance  of  summonses  to 
policemen  in  blank  under  proper  restrictions  as  provided  by  the 
Inferior  Courts  Act. 

Summonses  are  issued  and  served  for  the  purpose  of  bringing 
into  court  persons  charged  with  minor  infractions  of  law,  without 
subjecting  them  to  the  hardships  of  summary  arrest.  There  are 
two  authorities  for  the  issuance  of  summonses,  that  which  belongs 
inherently  in  the  courts  themselves  and  that  which  is  derived  from 
the  inferior  courts'  law. 

Prior  to  the  enactment  of  the  Inferior  Courts  Law  there 
was  some  question  raised  as  to  the  right  of  magistrates  to  issue 
summonses  for  minor  offenses.  That  question  was  settled  by  the 
law  passed  in  1910  which  specifically  gave  to  magistrates  author- 
ity to  issue  summonses  for»  violations  of  the  motor  vehicle  law 
and  of  corporation  ordinances.  This  law  provided  also  that  sum- 
monses could  be  issued  in  book  form  and  given  to  peace  officers 
to  be  served  by  them  when  the  violations  occurred  in  their  pres- 
ence. The  effect  of  this  provision  is  to  enable  the  courts  to  get 
jurisdiction  of  minor  offenders  without  subjecting  them  to  the  in- 
convenience, the  humiliation  and  the  punishment  connected  with 
actual  arrest.  They  are  served  subject  to  the  provision  that 
offenders  are  able  to  identify  themselves.  The  practise  has  the 
additional  merit  of  saving  the  time  of  the  offender,  of  the  police- 
man, desk  officer  and  of  a  lot  of  other  officials  which  would  be 
taken  up  necessarily  in  a  stretch  of  routine  work  in  the  event  of 
an  arrest.  f 

Unrestricted  use  of  summonses  might  result  in  their  being 
put  to  the  purpose  of  extortion  by  corrupt  and  unscrupulous 
officers.  To  provide  against  this  contingency  rules  have  been 
adopted  by  the  Police  Commissioner.  These  rules  provide  that 


PRACTICAL  POLICE  WORK  271 

all  summonses  must  be  accounted  for  and  when  a  summons  is 
lost  or  mutilated  the  fact  must  be  reported  by  the  officer  without 
delay. 

In  the  case  of  motor  cycle  officers  additional  precautions  are 
taken.  The  exact  time  of  service,  the  specific  violation  and 
the  name  and  address  of  the  person  served  must  be  entered  on 
the  stub  in  ink  or  indelible  pencil  before  the  summons  is  filled 
out  and  the  exact  time  of  service  has  to  be  put  on  the  summons 
itself,  the  desk  officer  has  to  be  notified  immediately  and  furnished, 
with  the  serial  number  of  the  summons,  the  exact  time  and  place 
of  service,  the  specific  offense  and  the  name  and  address  of  the 
person  summoned.  These  facts  have  to  be  recorded  in  the  blot- 
ter and  the  stub  itself  turned  in  at  the  end  of  the  policeman's 
tour  of  duty. 

The  foregoing  precautions  are  designed  to  prevent  a  policeman 
from  changing,  tearing  up  or  taking  back  a  summons  and  thus 
prevent  a  corrupt  collusion  belwene  the  policeman  and  the 
offender  by  which  the  latter  would  be  able  to  escape  punishment. 

Write  a  report  giving  a  comprehensive  plan  of  dealing  with  a 
:shirt  waist  makers'  strike  in  your  precinct. 

Effects  of  Prohibition 

New  York,  January  10,   1920. 
'The  Police  Commissioner, 
City  of  New  York.^ 

Sir:  In  obedience  to  orders  is  submitted  a  report  on  the 
probable  effect  of  the  Prohibition  Law  on  the  morals  of  the 
community  and  the  work  of  the  police. 

There  are  about  six  thousand  (6,000)  places  in  this  city 
where  alcoholic  liquor  is  sold  to  be  consumed  on  the  premises. 
The  majority  of  them  are  conducted  in  a  respectable  and  orderly 
manner,  the  patrons  are  respectable  men  and  women  who  when 
they  use  alcohol, -do  so  in  moderation.  Many  of  such  places 
will  be  driven  out  of  business  by  prohibition,  the  patrons  incon- 
venience::, financial  loss  will  be  suffered  by  the  proprietors,  and 
the  conimunity  at  large  will  not  be  benefited  to  any  great  extent. 
Some  other  places  are  neither  respectable  nor  orderly ;  the  pat- 
rons are  principally  vicious,  immoral,  intemperate,  and  criminal. 
In  them  the  weak  father,  son,  or  daughter  finds  temptation  that 
lea  1s  to  ruin.  These  places  will  not  attract  patrons  when  they 
cannot  supply  liquor  consequently  they  will  go  out  of  business, 


272  PRACTICAL  POLICE  WORK 

the  community  will  benefit  and  the  work  of  the  police  will  be 
decreased. 

There  are  about  fifty  (50,000)  thousand  persons  employed 
in  the  sale  of  liquor  in  this  city  who  have  one  hundred  thousand 
others  depending  on  them  for  support.  Many  of  those  will 
lose  employment  through  prohibition ;  those  who  do  and  who  are 
law  abiding  will  seek  other  employment.  If  because  of  inexper- 
ience or  physical  condition  they  are  unable  to  get  it  they  will 
become  public  charges.  Some  who  will  lose  their  •employment 
are  neither  respectable  nor  law  abiding,  particularly  owners  of  or 
bartenders  in  tough  saloons  and  hotels.  These  will  not  all  seek 
honest  employment,  but  try  to  gain  a  livelihood  by  unlawfully 
manufacturing,  selling  liquor  or  narcotics,  keeping  gambling  or 
disorderly  houses. 

There  are  about  six  hundred  (600,000)  thousand  persons  in 
this  city  who  use  liquor  moderately  or  excessively.  The  moder- 
ate users  will  adapt  themselves  to  prohibition — offending  once 
in  a  while  perhaps  by  using  liquor  when  they  can  procure  it  with 
safety,  or  by  manufacturing  it  in  their  homes  in  small  quantities 
for  home  consumption.  The  excessive  users  will  obtain  it  if 
possible,  drink  it  to  excess  when  it  can  be  obtained  and  resort  to 
the  use  of  narcotic  drugs  when  it  cannot,  with  the  result  that 
unless  persistent  police  efforts  are  made  to  stop  the  practise,  the 
number  of  drug  fiends  will  be  enormously  increased.  In  addi- 
tion a  great  many  persons  tempted  by  the  large  profits,  will 
manufacture,  sell,  procure,  or  distribute  alcoholic  liquor  unlaw- 
fully. It  will  be  principally  manufactured  in  the  tenement  sec- 
tions of  the  city,  and  in  garages,  stables,  cellars  and  outhouses 
in  all  sections  of  the  city  particularly  in  the  farming  sections. 
It  will  be  smuggled  into  the  city  from  foreign  countries  and  from 
the  suburban  localities.  It  will  be  sold  in  hotels,  candy  stores, 
restaurants,  tenement  houses,  barber  shops,  bowling  alleys,  drug- 
stores, groceries,  etc.  It  will  be  procured  by  bell  hops,  hack 
drivers,  chauffeurs,  waiters,  etc.,  and  it  will  be  drunk  by  the 
people  who  have  always  drunk  it. 

To  cope  with  the  conditions  described  the  police  force*  should 
help  to  get  employment  for  all  persons  who  lose  their  jobs  through 
prohibition  and  who  need  aid ;  organize  a  special  squad  to  deal 
with  this  particular  law,  get  the  co-operation  of  the  Inspectors 
of  License,  Health,  Tenement  and  Fire  Departments  in  detect- 
ing violations,  also  the  Police  Reserves  and  public  spirited 
citizens ;  co-operate  with  Federal  officers  in  guarding  steamboat 
landings  and  railway  terminals  to  prevent  smuggling,  arrest  al! 


PRACTICAL  POLICE  WORK  273 

persons  found  intoxicated  and  try  to  learn  where  they  procured 
the  liquor ;  pay  special  attention  to  localities  in  which  persons  are 
often  found  intoxicated,  establish  a  bicycle  patrol  to  prevent 
smuggling  into  the  city,  make  special  effort  to  prevent  the  unlaw- 
ful sale  or  use  of  narcotics,  drugs,  etc. 

If  the  police  force  act  intelligently  and  persistently  the  pro- 
hibition law  will  probably  improve  the  morals  of  the  community, 
decrease  poverty  and  crime,  lessen  the  work  of  the  police,  and 
make  this  city  and  the  United  States  a  more  prosperous,  healthful 
and  happier  place  for  this  and  future  generations  to  live  in; 

But  there  is  a  tradition  that  no  unpopular  law  ever  proved  a 
blessing. 

Respectfully, 

Sometimes  reports  are  put  in  the  art  class  or  the  scientific 
class.  A  policeman's  report  belongs  in  the  scientific  class.  He 
should  deal  only  with  hard  facts,  cold  reason  and  logical  conclu- 
sions. 

In  the  other  kind  of  report  different  qualities  are  brought 
into  play.  Imagination  ,satire,  figures  of  speech,  humor,  pathos, 
irony  and  many  others.  These,  however,  must  be  eschewed  by 
policemen.  They  must  not  attempt  to  imitate  the  style  of  the  sen- 
sational newspaper,  nor  even  the  style  of  the  humorous  story 
such  as  is  sometimes  indulged  in,  but  in  other  respects  the  style 
of  the  editorial  columns  is  worth  imitating.  So  is  the  style  of 
any  serious  article  where  facts  are  given  and  conclusions  drawn. 


NOTE 

By  the  laws  of  1919  it  is  made  vagrancy  to  secure  another 
for  the  purpose  of  prostitution,  to  receive  another,  to  offer  one, 
agree  to  receive  another  into  a  structure  that  passes  for  a  building 
for  such  purpose,  knowingly  permit  such  one  to  remain  or  aid 
and  abet  in  any  of  the  acts  enumerated  in  Section  887,  Subdi- 
vision 4  of  the  Criminal  Code.  A  common  prostitute  is  almost 
made  a  vagrant. 


INDEX 


Abduction 21-148 

Abortion  149 

Adultery    150 

Advertisements    82 

Advertisements  Using  National  or  State  flag  in 189 

Aliens,  Deportation  of  1 12-162 

Ambassador  Foreign  Arrest  of   47 

Anarchist  Assembly  of ill 

Anarchy  Criminal   22-110 

Animal  Laws  applying  generally  to 23-203 

Ante   Mortem   Statement 89 

Arrest  by  surety  47 

Arrest,  for  Violation  of  Parole 47 

Arrest,  General  on 46 

Arrest,  Law  of  43-50 

Arrest,  Members  of  Police  Force  wilfully  neglecting  to 

make  an  49 

Arrest,  of  an  habitual  criminal 46 

Arrest,  on  a  ship 48 

Arrest,  of  a  material  witness 47 

Arrest,  of  a  United  States  Deserter 46 

Arrest,  on  day  of  public  election 46 

Arrest,  on  Magistrate's  order 46 

Arrest,  on  a  Certificate  of  a  warrant 46 

Arrest,  on  a  Warrant 45 

Arrest,   Refusal   to  make  an 40 

Arrest,  Persons  exempt  from 49 

Arrest,  Time  limit  to 48 

Arrest,  Use  of  force  in  making 45 

Arrest,  without  a  warrant 43 

Arson    82 

Assault    86 

Assault  Division  of 88 

Assembly  in  street  Right  of  107 

Auctions   Mock    144 


B 


Bail  Acceptance  of  in  station  hduse 51 

Bail   Questions  on    53 

Bail  Security  disposition  of   53 

Bigamy    150 

Blackmail    21-128 

Blackmail  and  Extortion,  Crime  of 21-126 

Bribery   How   Committed 27-135 

Bribery   of   labor   representatives 135 

Bucket    Shops    170 

J  Burglar  tools,  Possession  of  119 

275 


Burglary  23-118 

Burglary  Investigation   122 

Burglary   Psychology  of    I2O 

Burglar  Tools 119 

Business  Crimes 35 


c 


Chauffeurs,  Law  relative  to it 

Children  Abandonment  of  . 

Children  denned   184 

Children   Extracts   from  Penal  Law,   Federal  and  Ordi- 
nances Relative  to  184 

Children  General  on 22 

Children  Unlawful  employment  of    186 

Civil  Rights 147 

Coercion 32 

Confession  by  defendant 65 

Conspiracy  24-113 

Corroboration,  To  secure  conviction 67 

Court,  Action  of  officer  when  case  is  called 61 

Court,  Action  by  officer  in  Magistrate's 61 

Court,  Childrens 59 

Court,  Contempt  of  64 

Court,   County   60 

Court,  Divisions  of   56 

Court,  Domestic  Relations  58 

Court,  General  Sessions 60 

Court,  In  which  prisoner  is  to  be  arraigned 58 

Court,  Jurisdiction  of  Magistrates   56 

Court,  Jurisdiction  of  Special  Sessions 59 

Court,  Magistrates    5° 

Court,  Municipal  Term  57 

Court,  Magistrates,  Power  of,  general  on 58 

Court,    Duties    « 61 

Court,  Supreme 60 

Court,  Traffic   58 

Crime,  Accessory  to  42 

Crime,  Attempt  to  commit   42 

Crime,  Criminal  Liability   ..32-71 

Crime,  Division  of   41 

Crime,  What  is  a 40 

Criminal,  Anarchy  22-110 

Criminal,  Habitual    46 

Crowds,  The  psychology  of 107 

Crime,    Compounding    23-81 


D 


Dangerous  Weapons,  Carrying  of 28-101 

Deserter  United  States  Army  Arrest  of 46 

Disguised  and  masked  persons  32-112 

Disorderly    conduct    : 24-116 

Disorderly  Houses,  securing  evidence  to  convict 15° 

Disorderly  house- T57 

276 


Disorderly  persons  114 

Disorderly  resorts,  General  in  regard  to 159 

Disorderly  saloons,  etc.,  Securing  evidence  against 159 

Divorce,  Advertising  to  procure  85 

Drug  Addicts  Symptoms  presented  by 176 

Drug  Dealers,  Registered  Evidence  against 178 

Drugs,  General  Law  relating  to  doctors  and  veterinary 

surgeons   181 

Drugs,  How  illicit  dealers  dispose  of 177 

Dying    Statement    89 


E 


Election  Day,  Arrest  on   46 

Election  Primary 192 

Election,  General  Law  relating  to 34-191 

Election,   Registration,  investigations    195 

Entry,  Unlawful   119 

Evidence,  Kinds  of 69 

Evidence,  Law  o£ 1 65 

Evidence,  Points  in 67 

Evidence,  Marking 70 

Evidence,  Violation  of  Law  relative  to 70 

Examinations    7 

Exhibitions 183-205 

Extortion,  Blackmail,  Crime  of 126 

Extortion    21-126 

Extortion,  Differs  from  Robbery 134 

Extortion  Under  Color  of  official  right 127 

Extradition    36-77 

Extradition  International  79 


F 


Fake  Balls,  Selling  tickets  for 144 

Fake  Charitable  institutions  144 

Fake  Sisters  of  Charity  143 

False  Messages,  Publishing   145 

Falsely  Personating  another 146 

Felony  on  merchant  vessel   48 

Firearms,  Possession  of,  defined  101 

Flag,  National  or  State  used  in  advertising  189 

Force  or  violence,  When  not  unlawful 103 

Foreign  Ambassador,  Arrest  of   47 

Forgery 24-141 

Fugitive  from  Justice 48 

Frauds  and  Cheats  142 


G 


Gambling 25-164 

Gambling,  Action  of  policeman  in  suppressing  169 

Gambling  houses,  Procedure  in  obtaining  evidence  against.  164 

277 


H 


Habitual  Criminal,  Arrest  of  

Handbills,  advertisements,  etc 

Handbookmen 169 

Homicide,  Action  at  scene  of 92 

Homicide,  ballroom,  etc 92 

Homicide,  Body  found  in  vacant  lot 95 

Homicide,  Clothing  and  jewelry  found  on  body 93 

Homicide,  Division  of 89 

Homicide,  Duty  of  desk  officer  94 

Homicide,  Excusable  91 

Hmicide,    Justifiable    . . . : 92 

Homicide,  Private  premises,  Detective  duty 97 

Homicide,  Street  duty 95 

Hotel  Act,  The  157 

Hotel  Keepers,  Frauds  on 145 

Hypodermic  syringes  176 

I 


Immoral  plays  and  exhibitions   151 

Impersonating  policemen,  etc 146 

Incest 150 

Indecent  print  or  pictures 151 

Indecency   25-150 

Institution  for  care  of  cildren  187 

Institution,  Public,  Enticing  inmates  from  183 

Intoxication     26 


J 

Jury  Grand   59 

K 

Kidnapping    21-183 


^Larceny,   Crime  of    20-136 

Larceny,  Division  of   139 

Larceny,  How  to  Ascertain  value  of  property  stolen 139 

Law,  General  principles  of 19 

Larceny,  Seizing  Military  goods  belonging  to  State 140 

Learn,   How   to    13 

Letters   and   Telegrams,   Law   on    147 

Liability  notice,  Service  of   36-160-170 

Lights,  Motor  vehicle   201 

Lineup  for  identification   69 

Lottery    25-168 

278 


M 


Magistrate,  Arrest  on  order  of   46 

Malicious  Mischief   (Railroad  Law)    19-190 

Malicious  Mischief,  Who  is  guilty  of  187 

Manslaughter  denned 90 

Marriages,  By  falsely  impersonating  another  153 

Marriages,  By  force  menace,  etc 152 

Marriages,    Solemnizing   unlawful    152 

Masquerades,   Police  action    112 

Massage  institutes  and  operators 163 

Material  witness,  Arrest  of  47 

Mock  Auctions 144 

Modus  Operandi  File 120 

Morals,   Crimes  against    21 

Motor  Vehicle,  Injury  by 207 

Motor  Vehicle,   Operated  while  Intoxicated    201 

Motor  Vehicle  Law   198 

Motorcycle   Law    202 


N 


Narcotics     33-171 

Narcotics,  Definitions  of   180 

Narcotics,  Penal  Law  relating  to  181 

Narcotics,  Public  hospitals  and  dispensaries  176 

Narcotics,  Requirements  as  a  dentist 175 

Narcotics,   Retail  apothecaries 172 

Narcotics,  Wholesalers  and  Manufacturers  of 172 

National  Flag,  Use  of  in  advertising  189 

Nuisances ..26-181 


o 


Obscene  print  or  articles  151 

Ordinance,   How   enforced    214 

Ordinances,  See  question  on  


P 

Parole,  Violation  of  Arrest  for   47 

Pawnbrokers 196 

Perjury 27 

Person,  Crime  against  the 19 

Persons,    Exempt    from   arrest    49 

Persons.  Punishable  criminally    32 

Police,  Function  of  39 

Policy    165 

Pool  selling,  book  .making,  etc 166 

Poolrooms,  Points  on  obtaining  evidence  against  .......  166 

Prisoner,  Aiding  to  escape 17 

Prisoner,  Lineup  of   69 

Prisoner,  Escaping   50 

279 


Prisoner,    Rescue    of    *g 

Property,   Crime  against    ? ."  *     2o 

Prostitutes,    Alien    ...... .   162 

Prostitutes,  General  regarding  36 

Prostitutes,  Securing  evidence  to  conviction 157 

Prostitution,  Compulsory   161 

Prostitution  denned  155 

Prostitution,  Male  person  living  on  proceeds  of 162 

Prostitution,    Tenement    House 156-158 

Public  morals  156 

Public  nuisance  defined 26-181 

Public  Nuisance  Maintaining   26-181 

Public  Officers   ...  * - 27-127 

Public  Safety  28 


Questions  On: — 

Bail 53&54 

Law  and  Procedure 36  to  38,  73-76,  205-251 

&  249  to  251 

Ordinances * 222  to  224 

"  and  answers  224  to  249 

Rules 239  to  249 


Railway  Laws  29-110 

Rape   defined    53 

Rape  Investigation  of 154 

Rape  of  Children   154 

Receiving   Stolen   Goods    , .   140 

Religious  Meetings  69-1 

Reports 252-273 

Riots  unlawful  Assemblies,   etc 30-106 

Robbery  Differs  from  Extortion  134 

Robbery  Element  of   30-132 

Rules,  Synopsis  of  Relative  to : — 

Rules,  Accidents  cause  by  Vehicles   237 

Rules,  Aided   Cases    237 

Rules,  Arrests    238 

Rules,  Commanding  Officers   234 

Rules,  Complaints    239 

Rules,  Desk  Officers  234 

Rules,  Health   239 

Rules,  Matrons    236 

Rules,  Patrolmen 235 

Rules,  Property    236 

Rules,  Prisoners    238 

Rules,  Sergeants    235 

Rules.  Summonses    238 

Rules,  Trials  239 

Rules,  Questions  on 239-249 

280 


Sabbath  Laws  31-190 

Sabbath  Laws,  Serving  Processes  on  Sunday 191 

Sabbath  Laws,  Theatrical  performances  191 

Sanitary  Code,  Habit  forming  drugs    181 

Sanity    32 

Seduction,  Federal  Law  on 155 

Seduction  under  promise  of  marriage   155 

Social  Crimes   148 

Slot  Machines 169 

Speed  permitted  in  New  York  City 200 

Stolen  Goods,  Received    140 

Strikes 35-io8 

Summons   108 

Subpoena   72 

Suicide 31-100 

Suspicious   places    159 


T 


Tenement  House  prostitution  I56-I_ 

Testimony,  How  to  be  given   6l 

Testimony,   Oral    63 

Threat,  Letters,   Sending     132 

Tramp  denned   1 16 

Treason  against  State  denned   31 

Trespass    33 


U 


Uniform,  Unauthorized  wearing  of  146 

United  States  deserter,  Arrest  of   46 


V 

• 

Vagrancy  in  tenement  house 156 

Vagrants,  Who  are  115-155 

Voter,    Qualifications    of    195 


w 

Warrant,  Bench  46 

Warrant,  General  provisions    45 

Warrant,  Arrest  on    45 

Warrant,  Certificate  Arrest  on 46 

Warrant,  Search 50 

A\7eapons,  Dangerous  Carrying  of  28-101 


281 


AN 


FI«  01  «  OMTS 


-100m-7,'39(402s) 


YC  07684 


\ 


UNIVERSITY  OF,  CALIFORNIA  LIBRARY 


